Type: Case Summaries

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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...

Independent Trustee Services Ltd v Hope (High Court) – 10 November 2009

The Trustee of the Ilford Pension Scheme (the Scheme) asked the High Court whether it was permissible to buy annuities for certain members of the Scheme before the Scheme entered the PPF. But the High Court concluded that the Scheme was...

Foster Wheeler v Hanley (Court of Appeal) – 8 July 2009

This highly anticipated decision of the Court of Appeal (the latest in a long line of equalisation cases), was handed down on 8 July 2009.  The judgment has been hailed as a good result for schemes as it provides a sensible solution...

Steria Limited v Hutchison (Court of Appeal) – 24 November 2006

This was an appeal to the Court of Appeal which involved a case where a pension scheme booklet contained different (and incorrect) information about a member’s normal retirement date from the provisions of the scheme’s rules....

Barber v Guardian Royal Exchange (European Court of Justice) – 17 May 1990

Prior to the Barber judgment, it was permissible and normal practice for UK occupational pension schemes to have unequal retirement ages between male and female members, usually at 65 for men and 60 for women.  This reflected state...