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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Aegon has called on Keir Starmer’s party to concentrate on priorities. It is pressing Labour to enhance auto-enrolment in workplace pension saving schemes and provide help for those struggling to put enough aside. The firm is asking the incoming administration to deliver the long-postponed Pension Dashboards Programme ( PDP), which it believes could transform how people view and control their retirement pots. Aegon added that, should a commission be created, it should examine earlier government proposals alongside Labour’s agenda and decide which measures merit continuation, revision or scrapping. Steven Cameron, Aegon UK’s pensions director, noted that Labour’s pledged assessment of the pensions landscape may carry wide-ranging consequences for occupational and personal pensions. Given pensions’ role as a crucial long-term savings vehicle for millions, he cautioned against hasty reform, stressing that changes must not be rushed......
Kendall, who represents Leicester West in the Midlands, is set to head the Department for Work and Pensions ( DWP) after serving as shadow secretary from September 2023. She succeeds the former officeholder, Conservative MP Mel Stride, who kept hold of Central Devon even as the Conservative Party endured a heavy loss in the national vote. Kendall, a 2015 contender for the Labour leadership, takes her Cabinet seat amid scrutiny over the outlook for the state pension. Labour’s manifesto upholds the triple lock, guaranteeing that the state pension rises by 2.5%, average earnings growth or inflation — whichever proves greater, committing to raise payments by the strongest of those indicators as pledged in its manifesto......
Original news Mr N, Mr E and Mrs E ( CAS-43783- B9R4, CAS-65180- W1S8, CAS-65175- F2D7)—4 December 2023 Summary The Pensions Ombudsman found in favour of a complaint concerning a hold-up in selling a pension scheme’s investments. The administrator of the scheme committed maladministration by dispatching investment instructions to an incorrect address. That maladministration gave rise to a possible investment shortfall and also stalled transfers to a self‑invested personal pension scheme. The Ombudsman’s decision serves as a reminder that administrative delays can result in investment loss. What were the facts? Mr N and Mr and Mrs E were trustee members of the Old Boys Trust (the Scheme), a small self‑administered scheme ( SSAS) run by Hartley Pensions Limited ( Hartley). In March 2019, Mr and Mrs E met a financial adviser to consider reorganising the Scheme’s investments and Mr N’s intended move of his share of the Scheme...
Original news Mrs T ( CAS-70350- K4M9)—19 December 2023 Summary The DPO has dismissed a complaint concerning a pension provider’s alleged failure to highlight the suitability of investments that had markedly fallen in value shortly before the complainant’s retirement. The provider had not undertaken any obligation to give unsolicited advice. The complainant had been directed to obtain advice and could have sourced further information from a range of places if unhappy with the investment outcomes. The DPO’s decision underscores how vital it is for pension providers to explain investment funds, and for members to seek appropriate advice... What were the facts? Mrs T was a member of the Aegon Retiready Pension (the Scheme), which was operated by Aegon. Mrs T placed her Scheme retirement account into a ‘lifestyle fund’. Some (but......
Original news Mrs S ( CAS-13504- S4M0) — 20 February 2024. Summary The PO has partly upheld a complaint concerning recovery of an overpaid lump sum and pension. The claimant succeeded with a change of position argument for the lump sum because, if the correct amount had been paid, she would not have gone ahead with a new bathroom. Conversely, she had no defence regarding the pension overpayments, as she would have taken out a funeral plan in any case. Even so, the Scheme failed to exercise its discretion on whether to pursue repayment of the pension overpayment and was directed to revisit that decision. This ruling serves as a reminder that those relying on a change of position must prove they spent money on something they would not otherwise have purchased... What were the facts? Mrs S was a member of the Teachers’ Pension Scheme (the...
Original news Mr R ( CAS-60559- J2R8) – 8 February 2024 Summary The PO found in favour of a member who claimed a brief pension transfer delay cost him a lucrative investment opening. The complainant was a seasoned investor employed in the finance sector. His complaint centred on the contention that the short transfer lag denied him the chance to invest in Japanese equities at the appropriate time, and the PO accepted that he would have made that investment had the transfer been completed promptly. Because of the delay, he missed a material rise in that market during the period in question. This ruling stands as a warning to providers that even minor transfer slippage can lead to a sizeable claim for loss of investment opportunity, and demonstrates how small delays can have large...
Labour has, for now, chosen consensus on key matters such as the state pension triple lock. Even so, the new administration has indicated that reform remains a possibility through its pledge to conduct a broad pensions review, according to experts. The review’s remit is yet to be defined, though Labour’s manifesto said it would look at ‘what further steps are needed to improve security in retirement, as well as to increase productive investment in the UK economy’. Calum Cooper, head of pension policy innovation at Hymans Robertson, called such a review ‘desperately needed’. He further argued that, to be genuinely effective, it should be led by an independent pensions commission, noting: ‘ This is about delivering later life security for today’s workers and generations to come and not a game of party politics’. The areas the review could examine, and its...
Original news Mr S ( CAS-64392- H8Z8) – 5 February 2024. Summary The DPO declined a grievance about the pension transfer checks carried out by a scheme. The ceding scheme had undertaken sufficient checks with HMRC and the destination scheme, aligned with the then-current regulatory guidance. No warning signs were identified, and the matter should not be assessed through hindsight. This decision underlines that transfer due diligence is evaluated against the guidance in force at the material time, and not by later standards or outcomes. What were the facts? Mr S belonged to the Blue Sky Heritage Pension Scheme (the Scheme). In January 2013, Mr S set in motion a transfer of his Scheme benefits to a Small Self- Administered Pension Scheme (the SSAS)......
Original news Mr L ( CAS-65532- W1D0)—6 December 2023 Summary The DPO dismissed a complaint about a slowdown in administering the payment of a lump sum for a member holding fixed protection. A brief delay occurred in liquidating investments after the member requested a tax-free lump sum. The DPO decided that a wait of just a few days was reasonable, and that even if the request had been handled faster there would have been no loss on investments. This determination serves as a reminder that pension schemes should not unduly delay acting on a member’s instructions. Accordingly, the complaint was rejected by the DPO at that time, as reasonable action... What were the facts?......
News: Miss D ( CAS-58806- H1J6) — 20 February 2024 Summary The DPO dismissed a complaint about wrong information provided to members on the earliest age a member could retire without an actuarial reduction for taking benefits early. Although the statements were negligent and the complainant acted in good faith, she had not sustained any financial loss. The error was made many years before her retirement, and she should have checked the position when she retired. She also failed to mitigate any loss by choosing a reduced pension then available. This decision is a reminder that members must be able to demonstrate financial loss in a negligent misstatement claim. What were the facts? Miss D became a deferred member of the Local Government Pension Scheme (the Scheme) on 29 March 2006. The Scheme wrote to her the following month ( April) stating that a full pension would be...
Parliamentary process On 22 May 2024, the Prime Minister, Rishi Sunak, asked the King to dissolve Parliament so a general election could take place on 4 July 2024, and the King consented. As a result, Parliament was prorogued on 24 May 2024 and formally dissolved on 30 May 2024. The parliamentary timetable is set out below: 22 May: The Prime Minister asked the King to use the prerogative to dissolve Parliament 22 May: King Charles approved the request and a general election was announced nationwide 23 May: ‘ Wash-up’ period begins 24 May: Parliament is prorogued 25 May: Pre-election period of sensitivity begins (previously known as ‘purdah’) 30 May: Parliament is dissolved 30 May: Pre-election period starts 4 July: General election 17 July: State Opening of Parliament For an explanation of the ‘wash-up’ period and the period of...
The Pension Regulator’s powers to issue mandatory fines ( Caldwell (trustee of the Smith & Wallace & Co 1988 Pension Plan) v The Pensions Regulator) Caldwell (trustee of the Smith & Wallace & Co 1988 Pension Plan) v The Pensions Regulator [2024] UKFTT 505 ( GRC) What are the practical implications of this case? This decision delivers a helpful legal review of the Pension Regulator’s application of mandatory penalties where trustees fail to produce a Chair’s Statement for a defined contribution ( DC) scheme. Since the duty was introduced by the Occupational Pension Schemes ( Charges and Governance) Regulations 2015, SI 2015/879—amending the Occupational Pension Schemes ( Scheme Administration) Regulations 1996, SI 1996/1715—there has been a significant volume of fines for non-compliance, alongside sector commentary that the Pensions Regulator has been overly heavy-handed in exercising this power. The Regulator has countered that position by...
In this issue Scheme amendment Funding and investment Members and benefits Types of workplace pension schemes Public service pensions schemes and Fair Deal Daily and weekly news alerts Dates for your diary Trackers Scheme amendment Court of Appeal hears BBC’s appeal regarding fetter on amendment power protecting future benefits On 25 June 2024, counsel for the BBC told the Court of Appeal that the High Court’s conclusion—that the BBC cannot change its £19.8bn defined benefit BBC Pension Scheme to reduce future benefits—rests on a mistaken reading of the trust deeds supporting the Scheme. In 2023, the High Court had rejected the BBC’s case that a clause in the Scheme’s trust deed barring changes that harm members’ “interests” applies only to benefits already accrued. Appearing for the BBC, Michael Tennet KC argued the judge adopted a broad, generic sense of...
Solicitors acting for the publicly funded broadcaster told the Court of Appeal that a previous judgment rested on a mistaken reading of the deeds that underpin the BBC Pension Scheme. The corporation aims to curb escalating costs of running the scheme by trimming the benefits members will ultimately obtain on future accruals. BBC members of staff initially mounted a High Court claim, asserting that the deeds supporting the scheme, dating to 1947, permit alterations to benefit structures only where members’ interests are not affected. Judge Adam Johnson, who presided over the matter, found in favour of scheme members in July 2023 after hearing the case in the High Court......
Employment Appeal Judge Timothy Kerr formally confirmed an earlier decision that the move by Timothy Clayson, Andrew Woolman and David Griffith‑ Jones KC from serving as part‑time recorders to sitting as circuit judges amounted to a distinct judicial post. He held this allowed the ministry to enrol them in a fresh statutory pension arrangement and to refuse entry to the earlier, more advantageous scheme. “ I do not consider the judge’s analysis defective,” the appeal judge stated. “ The claimants’ resentment is easy to appreciate, yet I consider the judge correctly concluded that the way they were treated regarding pension rights was…not attributable to their prior part‑time work as recorders before becoming circuit judges.” Under the Judicial Pensions and Recruitment Act 1993, where a recorder stopped holding the former office and undertook a new judicial appointment after the close of March 1995, they would be...
Philip Freeman Mobile Welders Ltd v Pensions Regulator [2024] UKFTT 91 ( GRC) What are the practical implications of this case? This ruling underscores the detailed and credible proof required to displace the postal rule in IA 1978, s 7, an issue many practitioners will encounter from time to time. In this instance, the presumption was overcome, although the court stressed that the circumstances were quite out of the ordinary. The decision offers practical guidance on the level of specificity the court will demand before concluding that documents dispatched by post were not delivered. The Company adduced evidence of its in-office process for receiving mail, alongside earlier difficulties arising from a shared postal address. It explained that neighbouring businesses frequently received each other’s post, to such an extent that complaints had been made to Royal Mail. The Company had also preserved copies of letters wrongly sent to it and...
LCP said around 2.5 million pensioners would still face income tax under the ‘triple lock plus’, including 2.1 million old-age pensioners This Conservative plan would lift the tax-free allowance on pension income in line with inflation, in addition to the pledge that the state pension will keep pace with living costs. Under the triple lock, the state pension increases each April by the highest of inflation, average earnings, or 2.5%. Prime Minister Rishi Sunak announced the triple lock plus in May 2024 at the start of the election campaign, promising state pension payments would always remain below the income tax threshold. If the Conservatives win the general election on 4 July 2024, the measure would begin in April 2025. As noted, these pensioners would, for the most part, still be taxpayers even......
WTW reports that 50% of UK defined benefit schemes now utilise a professional trustee. It found that 48% of appointments are corporate sole trustees, in which a single firm takes full responsibility for a scheme’s trustee board. The balance is split between trustee chairs at 27% and co-trustees at 25%. Findings are based on a survey of 15 of the largest professional trustee firms, covering nearly 2,500 appointments. WTW observes that the size of a scheme strongly shapes the professional trustee model selected......
In this issue: The General Election Transfers Public sector pensions Daily and weekly news alerts New content Dates for your diary Trackers The General Election A strong alignment has formed around pensions policy ahead of the UK general election. With the three principal parties launching manifestos that show more overlap than friction, the pensions landscape looks set for a spell of relative calm. Rather than veering from the direction of Conservative reforms, Labour stated on 13 June 2024 that, if victorious on 4 July 2024, it will continue the current productive finance reforms. This development offers reassurance to a sector unsettled by a snap election and fatigued by frequent upheaval; the industry, which has found rapid shifts hard to absorb, appears relieved. David Brooks, Broadstone’s head of policy, noted that, as Conservative plans are also short on fresh proposals, the industry can ready itself for much-needed continuity over the next five years. The...
Instead of veering away from the Conservatives’ reform path, Labour stated on 13 June 2024 that, if it wins the 4 July 2024 general election, it will press on with existing productive finance changes. This will reassure a market that finds sweeping shifts difficult and had been unsettled by the snap poll. David Brooks, policy lead at Broadstone, noted that with the Conservatives similarly light on fresh proposals, pensions can plan for steady continuity over the next five years; he said this is encouraging given the volume of measures already moving through regulators and Parliament. The pension stances of the three principal contenders are set out below, starting with Labour, widely expected to end 14 years of Conservative government by a comfortable margin. Labour One of the earliest pension signals tied to Labour’s platform surfaced weeks before the manifesto launch: it would not seek to restore the...
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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 ]...
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