Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Preservation definition

What does Preservation mean? In pensions practice, preservation refers to statutory rules that protect a member’s accrued pension rights when they leave service before retirement, so those rights are kept (deferred) rather than forfeited. In England & Wales and Scotland, preservation is set mainly by the Pension Schemes Act 1993 and the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991; Northern Ireland has parallel provisions in its 1993 Act and Regulations; Ireland’s regime is under the Pensions Act 1990. Key features include: a vesting/qualifying service period (typically two years) after which the member becomes entitled to preserved benefits; provision of at least short service benefit,...

Bringing Misuse of Private Information Claims: Pre-Action Protocol, Interim Relief, Pleadings, Remedies, Limitation, Jurisdiction, Cross-Border Service, Funding and Representative Actions (England and Wales)

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Practice notes

This Practice Note explains how to commence a claim for misuse of private information (a privacy claim) in England and Wales from 1 January 2021. It addresses:

whether a claim exists and who may pursue it
potential defendants and principal defences
remedies
limitation
jurisdiction
other issues on receiving instructions (interim relief, preservation of documents, alternative causes of action and alternatives to litigation)
funding the claim
pre-action conduct
starting proceedings

For more on the misuse of private information, see Practice Note: Privacy law—misuse of private information. For guidance on initial steps when confronted with a claim against your client for misuse of private information, see Practice Note: Responding to a claim for misuse of private information—a practical guide.

Privacy claim—is there a claim?

The first task is to determine whether your client has a viable claim. What must a claimant demonstrate to make out misuse of private information? The core legal right underpinning the cause of action stems from Article 8 of the European Convention on Human Rights (‘ECHR’), as incorporated into English law by the Human Rights...

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Web page updated on 21/05/2026

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