Type: Case Summaries

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KeyMed Limited vs Hillman and Woodford (High Court, March 2019)

The High Court has dismissed a case against directors who were trustees of a pension scheme where the company had claimed they had breached their fiduciary duties, maximising their own pension benefits to the company’s detriment. Facts...

The Lord Chancellor and Secretary of State and another v McCloud and Mostyn and others and Sargeant v London Fire and Emergency Planning Authority and others (Court of Appeal, 20 December 2018)

The Court of Appeal (“CA”) has held that the transitional provisions which were put in place as part of reforms to both the Judicial and Firefighters’ Pension Schemes constitute unlawful direct age discrimination. Background McCloud...

Walker v Innospec (Supreme Court, 12 July 2017)

On 12 July 2017, the Supreme Court handed down its judgment in the case of Walker v Innospec Limited. In a landmark ruling, it overturned the Court of Appeal’s 2015 judgment, and unanimously agreed that Mr Walker’s husband should be...

Webber v Department for Education – High Court, 8 July 2016

The judge found that the cut-off date, for limitation purposes, for the recovery of overpayments should be the date on which TPO received the scheme’s “Reply” to Mr Webber’s complaint. Background The Limitation Act 1980 provides...

Horton v Henry (Court of Appeal, April 2016)

The Court of Appeal has upheld the High Court’s decision, confirming that an application from a trustee in bankruptcy for access to a bankrupt’s pensions which were not yet in payment should be rejected. Background Income Payments...

Capita Oak Pension Scheme – Mr X (Pensions Ombudsman) -15 December 2014

The Pensions Ombudsman has published its first determination of a case relating to “pension liberation” or “pension scams”. The case concerns an individual who was persuaded to transfer out of their employer’s pension scheme and...

Futter v HMRC and Pitt v HMRC (Supreme Court) – 9 May 2013

The Supreme Court handed down its judgment in the joined cases of Futter v Futter and Pitt v Holt on 9 May 2013. These cases are important for the development of trusts law, including pensions. Background The facts of both cases...

Procter & Gamble Company v Svenska Cellulosa Aktiebolaget and Another – 14 May 2012

This case gives the pensions industry long awaited guidance on the commercial application of the ECJ’s decisions in Beckmann and Martin  regarding the transfer of early retirement benefits under the Transfer of Undertakings...

International Management Group (UK) Limited v (1) Peter German, (2) HR Trustees Limited (Court of Appeal) – 1 December 2010

The Court of Appeal has confirmed that section 91 of the Pensions Act 1995 does not prohibit the compromise of a genuine dispute as to whether pension rights in a scheme exist. Background In November 2009, the High Court ruled that a...