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Aon plc, the British‑American management consultancy, said it would ‘naturally’ give company directors more sway over a scheme if trustees of defined benefit plans were obliged to obtain the sponsor’s agreement to a new ‘statement of strategy’, as outlined by TPR earlier in March 2024. TPR also stated that managers of defined benefit retirement schemes must lodge the strategy alongside their routine valuation documents from 22 September 2024. A defined benefit pension delivers a guaranteed income each year for life, determined by a worker’s final or average salary...
In this issue: Competition and state aid Data protection and cybersecurity Environment Insurance and reinsurance Financial services IP Life Sciences TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust-Commission consults on commitments offered by Apple in Apple Pay abuse investigation The Commission has begun market testing of commitments proposed by Apple to resolve suspected dominance abuses linked to limiting access to the technology enabling in-store contactless payments on mobile devices. Refer to News Analysis: EU Competition law—daily round-up (19/01/2024). Antitrust-AG proposes Court of Justice should dismiss the Commission’s appeal in Intel Advocate General Medina delivered her opinion in Case C-240/22 Commission v Intel, which challenges the General Court’s judgment in Case T-286/09 RENV (following remittal from the Court of Justice) that partly set aside the Commission’s 13 May 2009 decision finding an infringement and levying a fine on Intel Corporation (Intel) for an...
In this issue: Probate Court of Protection Elderly and vulnerable clients UK taxes for Private Client Tax avoidance, evasion and non-compliance HMRC Manuals updates Tax avoidance, evasion and non-compliance Insolvency—Private Client Charity and philanthropy Pensions, insurance and tax efficient investments International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Court of Appeal rejects challenge that the deceased had not retained benefits in property and bank account trusts within section 102 of the Finance Act 1986 (Chugtai v Revenue and Customs Commissioners). The appeal concerned inheritance tax and the operation of the gifts with reservation of benefit (GROB) provisions set out in section 102 of the Finance Act 1986. The court dismissed the appeal, deciding the deceased had in fact retained a benefit in each of...
ARCHIVED : This case tracker has been archived and is not maintained. It hosts a catalogue of notable pensions judgments delivered in 2015. Alexander and others as Trustees of the Scottish Solicitors Staff Pension Fund v Pattison and Sim Case reference: CA63/13. The dispute concerned a Scottish pension scheme providing benefits to employees of solicitors’ firms and their dependants, and focused on changes to the scheme’s trust deed and rules. Until 1991, the rules imposed a ‘triple‑lock’ for amendments, demanding a two‑thirds majority at three separate general meetings: one of all employers and members, one of all contributing members, and one of all employers. The trustees pursued pension arrears of £50,224 to recover contributions alleged to be owed by the defenders in respect of a former employee of that firm, with the claim founded on amendments made to the scheme rules since 1990. The defenders (the firm of Pattison &...
This Practice Note explains: the fundamental nature of conditions precedent the different categories of conditions precedent (ie documentary or factual) the matters to consider when deciding if the conditions precedent have been met the consequences and next steps where the conditions precedent are not fulfilled This Practice Note reviews the typical conditions precedent in a finance transaction at the stage of: first drawdown under the facility, and future drawdowns throughout the life of the facility Where appropriate and relevant, this Practice Note signposts provisions in Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee and the Loan Market Association (LMA) investment grade multicurrency term facility agreement (the LMA facility agreement) (available to LMA members on the LMA website). The LMA offers a series of helpful user guides for its members in the Documents & Guidelines section of its website, which also provide guidance on its documentation. In addition, the...
Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...