What does Trustee mean? A trustee is the person or company appointed under a trust deed, will, statute or by the court to hold and manage trust property and carry out the trust’s purposes for the beneficiaries. Trustees owe fiduciary duties, including to act loyally, for proper purposes, within their powers, with reasonable care and skill, and impartially between beneficiaries. They typically have statutory and express powers to invest prudently, delegate, insure, obtain advice, and distribute, and are personally liable for breach of trust. Properly incurred costs are reimbursable and trustees are generally entitled to an indemnity from trust assets; remuneration depends on the...
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It hosts a catalogue of notable pensions judgments delivered in 2015.
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 &...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...