Barber meaning

Pensions Ombudsman determination: Mrs E (CAS-38639-F6P7)—29 April 2024 What was the background to the Pensions Ombudsman’s decision? Mrs E was employed by Avis Budget Group (the employer) from 18 August 1986 until her redundancy on 21 December 1992. During this period, the applicant belonged to the final salary section of the Avis UK Pension Plan (the Plan), which was governed by the Avis UK Pension Plan Trust Deed and Rules (the Rules). Avis Pension Trustee Limited served as trustee of the Plan (the trustee). On 18 May 1990, the CJEU handed down its judgment in Barber v Guardian Royal Exchange [1990] 2 All ER 660. It determined that, because pension benefits fell within the scope of Article 119 of the Treaty of Rome (renamed the Treaty on the Functioning of the European Union), occupational pension schemes had to equalise the NRD for male and female members in respect of pensionable service after 18 May 1990. The CJEU did not, however, require NRD equalisation to be applied retrospectively for...

This Practice Note explains what proprietary estoppel is, how to advance a plea of proprietary estoppel, and gives examples of when, in practice, you may wish to rely on it. It examines proprietary estoppel from a general perspective. For sector-specific guidance on proprietary estoppel for property law practitioners, see Practice Note: for property disputes lawyers. —what is it? Unlike other species of estoppel (see Practice Note: Estoppel—what, when and how to plead), which will not usually found a cause of action, proprietary estoppel can. It is commonly deployed where a party (B) seeks to assert a proprietary right in land owned by another (A), where B has been led to believe—by promise, words or conduct and/or by A’s acquiescence—that B has, or can expect to acquire, an interest in that land. The decisions in Ramsden v Dyson and Willmott v Barber offer a helpful starting point for understanding the doctrine. In both, the claimant sought to establish a proprietary interest in someone else’s property on the footing that...

This Practice Note includes references to case law from the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. The equal pay principle and pensions In its judgment in the Barber case delivered on 17 May 1990, the Court of Justice of the European Union decided that pensions payable under a private occupational pension scheme constitute deferred remuneration. Accordingly, the right to equal pay in Article 119 of the Treaty of Rome (the predecessor to Article 157 of the Treaty on the Functioning of the European Union (TFEU)) extends to the element of a person’s remuneration made up of pension benefits in the same way as to any other part of their pay. The Court in Barber also concluded that the equal pay right has direct effect in relation to occupational pension schemes, and that it falls to the national courts to protect the rights that this provision confers on...

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note explores the due diligence points to be mindful of on a share sale where the target company participates in a defined benefit (DB) pension scheme. In this Practice Note, any mention of the ‘target company’ also covers its subsidiaries (as these will likewise move into the buyer’s group on completion). For a high-level summary of pensions considerations in share sale due diligence, see Practice Note: Pensions due diligence in share sales—an introduction. For a fuller examination of the due diligence topics that arise where the target is involved in, or pays into, a defined contribution (DC) pension arrangement, see Practice Note: Pensions due diligence in share sales—issues specific to DC schemes. Due diligence and DB schemes—key issues Where the target participates in a DB pension scheme, there is a wide range of pensions matters to assess. In the majority of transactions the DB scheme will stay within the seller’s group. Nevertheless, it...