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Fetters on pension scheme amendment powers revisited: British Broadcasting Corporation v (1) BBC Pension Trust Limited (2) Christina Burns [2024] EWCA Civ 767
Article by: Joseph Steadman 1. On 9 July 2024, the Court of Appeal handed down judgment in an appeal concerning the limits on a power to make alterations in the BBC Pension Scheme (the “Scheme”). The appeal was dismissed, and... Read more
By Brian Green KC | Michael Tennet KC | Edward Sawyer | Joseph Steadman
Thursday 18 July 2024
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Co-ownership in the business context: the odiousness of survivorship in equity
Article by John Grocott-Barrett, 27th June 2024 To read or download this article as a PDF, please click here. The co-ownership of property is a question that vexes all private client lawyers. The recent judgment of Nugee LJ, a former member of... Read more
By John Grocott-Barrett
Friday 28 June 2024
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Sian v Halimedia: Insolvency vs Arbitration – Article by Ernest Leung cited in recent Privy Council decision
In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI,... Read more
By Ernest Leung
Friday 21 June 2024
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Trust me, I’m a dolphin!
Joseph Steadman has written an article in which he considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment... Read more
By Joseph Steadman
Thursday 13 June 2024
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A hidden gem? The ‘sufficient connection with the jurisdiction’ test under s.423 of the Insolvency Act 1986 in the light of Suppipat v Narogdej [2023] EWHC 1988 (Comm)’
Tim Penny KC and Daniel Petrides have written an article for TL4’s FIRE Starters magazine entitled “A hidden gem? The ‘sufficient connection with the jurisdiction’ test under s.423 of the Insolvency Act 1986 in the light of Suppipat v Narogdej... Read more
By Tim Penny KC | Daniel Petrides
Monday 3 June 2024
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Eternal life, or dead and buried – which claims survive death?
Article by Lemuel Lucan-Wilson, 23rd May 2024 To read or download this article as a PDF, please click here. Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so... Read more
By Lemuel Lucan-Wilson
Thursday 23 May 2024
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Green, brown and grey belts: modifying restrictive covenants, and the Upper Tribunal’s Discretion
Article by Martin Hutchings KC, 20th May 2024 To read or download this article as a PDF, please click here. Introduction Why s.84(1) powers of the Upper Tribunal matter. The powers of the UT are important to developers because they are... Read more
By Martin Hutchings KC
Monday 20 May 2024
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McCloud Costs Directions: BMA v HM Treasury
Edward Sawyer has written an article in which he discusses the Court of Appeal’s decision in BMA v HM Treasury, which upheld the validity of directions made by the Treasury to charge members rather than taxpayers with the costs of... Read more
By Edward Sawyer
Thursday 16 May 2024
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Lessons from the PO on recoupment and overpayments
Ram Lakshman has written an article in which he considers the important Pensions Ombudsman determination relating to the BIC UK Pension Scheme, concerning the recoupment of overpaid benefits from future pension instalments. The article was first posted on Paul Newman KC‘s... Read more
By Ram Lakshman
Thursday 2 May 2024
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Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?
David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent? Published in the journal International Corporate Rescue, it discusses the... Read more
By David Pollard
Monday 29 April 2024
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A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch)
Article by Ernest Leung, 19th March 2024 To read or download this article as a PDF, please click here. 1. The decision by Master Clark on 16 February 2024 in Grosskopf v Grosskopf (two members of Wilberforce Chambers: Fenner Moeran KC... Read more
By Ernest Leung
Friday 26 April 2024
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The pro-rating of pensions increases
Paul Newman KC has written an article in which he considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for... Read more
By Paul Newman KC
Thursday 25 April 2024
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Insights

Fetters on pension scheme amendment powers revisited: British Broadcasting Corporation v (1) BBC Pension Trust Limited (2) Christina Burns [2024] EWCA Civ 767

Co-ownership in the business context: the odiousness of survivorship in equity

Sian v Halimedia: Insolvency vs Arbitration – Article by Ernest Leung cited in recent Privy Council decision

Trust me, I’m a dolphin!

A hidden gem? The ‘sufficient connection with the jurisdiction’ test under s.423 of the Insolvency Act 1986 in the light of Suppipat v Narogdej [2023] EWHC 1988 (Comm)’

Eternal life, or dead and buried – which claims survive death?

Green, brown and grey belts: modifying restrictive covenants, and the Upper Tribunal’s Discretion

McCloud Costs Directions: BMA v HM Treasury

Lessons from the PO on recoupment and overpayments

Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?

A Tale of Two Forums – the decision in Grosskopf v Grosskopf [2024] EWHC 291 (Ch)

The pro-rating of pensions increases