News

Find out what’s happening at Sackers. Our News section provides information about recent work, press comment and media coverage, and what our people are doing.

Latest News

Manolete Partners PLC v White (Court of Appeal) – 15 November 2024

The Court of Appeal found that a judgment creditor could not require a judgment debtor to draw down a lump sum from their occupational pension scheme to pay their debt. Background Broadly, section 91 of the Pensions Act 1995 restricts the...

Caldwell v TPR (First-tier Tribunal) – 14 June 2024

Summary The First-tier Tribunal (“FTT”) has dismissed an appeal concerning TPR’s imposition of a penalty notice (“PN”) for failure to prepare a chair’s statement as required by the Occupational Pension Schemes (Scheme...

Mr E (CAS-55200-G3W9): Defences to recovery of overpayments (19 April 2024)

Overview TPO has partially upheld a complaint concerning an overpayment built up from 1 December 1995 to 1 April 2020. The trustees were not able to recoup the overpayments built up before 1 August 2019. The remainder of the overpayment...

Dr Y (CAS-37814-G1K9) – administrator not responsible for member’s decision to opt out following letter about lifetime allowance changes

TPO has held that it is the member’s responsibility to establish his LTA position. Facts Dr Y was a member of the NHS Superannuation Scheme (Scotland) (the “Scheme”). The Scheme was administered by the Scottish Public Pensions Agency...

Lendlease Construction (Europe) Ltd v Aecom Limited (High Court) – 1 November 2023

In a case which raised a range of issues, the High Court considered the circumstances in which an agreement could take effect as a deed where it had not been validly executed. The Court found that the agreement should take effect as a deed...

Harber v HMRC (First-tier Tribunal) – 4 December 2023

Introduction In this appeal against an HMRC penalty for “failure to notify” a liability to capital gains tax, it was found that the authorities provided to support the appellant’s case were not genuine judgments but instead had...

The Pensions Ombudsman v CMG Pension Trustees Limited and CGI IT UK Limited (Court of Appeal) – 1 November 2023

The Court of Appeal has found that the Pensions Ombudsman (“TPO”) is not a “competent court” for the purposes of recouping overpayments. Where an overpayment is disputed by the member, trustees must apply to the County Court to...