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KO UK Pension Trustees Ltd v Barker [2024] EWHC 3661 (Ch) What are the practical implications of this case? KO Trustees shows the court is prepared to endorse pragmatic measures to address the challenging circumstances trustees frequently encounter, and that judicial scrutiny centres on the calibre of trustees’ decisions, assessed against markers of reasonableness, rationality and good faith, rather than on prescribing outcomes. The focus of the inquiry is the integrity of the process and the soundness of the judgment exercised. Building on the Arcadia ruling ([2025] EWHC 11 (Ch)) from earlier this year—another blessing application exploring innovative routes to surplus distribution—KO Trustees underlines that staged strategies can be crafted to unlock surplus where it is confined or otherwise outside trustees’ control, including multi-step pathways to reach amounts that are trapped or inaccessible. Against industry estimates that about £45bn of surplus resides in FTSE 350 pension schemes, these rulings, although dependent on their facts, provide trustees with a clear sense of the range of potential surplus-release methods and the...
What are the practical implications of this case? This case’s practical significance lies in the court having to sanction the scheme in an altered form when, after the creditors’ meeting, it emerged that a condition precedent could not be met. The court observed that the resolution presented to, and passed by, the scheme creditors was to approve the scheme subject to whatever modification, addition or condition the court might approve or impose. Both the original and amended schemes also contained a variation provision stating, in substance, that the Company may, at any Sanction Hearing and, where reasonably practicable following consultation with the Ad Hoc Committee’s advisers, give consent on behalf of all Scheme Creditors to any change to, or augmentation of, the Scheme, or to any terms or conditions the Court considers appropriate to approve or impose, provided such change would not, directly or indirectly, have a material adverse impact on any Scheme Creditor’s interests under the Scheme. In short, both the creditors’ resolution and the schemes themselves expressly...
A-day 'A-day' is the widely used term for the broad pension tax 'simplification' reforms that began on 6 April 2006. The changes covered: how much pension contribution was allowed, the kinds of schemes an individual could invest in, the sums that could be taken (and when), and the choices available for any remaining fund. A-day also introduced the annual allowance and the (now abolished) lifetime allowance. See: Annual allowance and Lifetime allowance. AFPS AFPS: Armed forces pension scheme; see Practice Note: Public sector pensions and family proceedings. Accrual rate The speed at which pension benefits build as pensionable service is completed in a final salary scheme, eg 1/60 for each year of pensionable service. Accrued benefits The benefits earned in respect of service up to a specified date. Added years Extra pension provided by adding further years of pensionable service in a salary-related scheme. Such additional years are secured via transfer payments or through additional voluntary contributions/augmentation...
This Practice Note expands on the core principles of cosmetic surgery claims, with particular attention to claims arising from breast enlargement, reduction or augmentation. As with other cosmetic surgery matters, the surge in social media use has contributed to a higher volume of such procedures. See Practice Note: Cosmetic surgery claims. Definitions Breast enlargement is an operation to increase breast size by placing implants. These are breast-shaped sacs featuring a silicone outer shell, filled with either silicone gel or saline solution. Breast augmentation is surgery aimed at improving breast shape where there is asymmetry or a marked size difference. Misshaping may result from breast trauma, a mastectomy, or a congenital deformity. Breast reduction is a procedure to decrease breast size. It is commonly performed for women with very large breasts that cause neck and back pain, or significant emotional distress and embarrassment. Reduction may also be undertaken to realign breasts following reconstructed surgery after a mastectomy. Commonly encountered issues Disappointment...
This Practice Note sets out a glossary of terms commonly used within the context of adtech and programmatic advertising A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z Ad Ad is short for advertisement. Advertisements are used to promote products or brands with the aim of increasing brand awareness, brand engagement and/or sales. The particular advertisement displayed on a website is termed the creative. Ad campaign An ad campaign (advertising campaign) comprises a set of ads carrying a consistent message and pursuing a common objective. When planning an ad campaign, advertisers assess budgets, target audiences, which advertising channels will be used, the objectives the campaign is intended to achieve, and how these will be measured, among other factors. Ad exchange An...