| 1 | Construction of pension scheme documents: a quick guide A quick guide to the principles of pension scheme document construction and the sources of evidence that may be used to assist in interpretation. | Practice note: overview | Maintained |
| 2 | Pension trustees' duties of care and skill This note considers pension trustees' duties of care and skill arising under common law, statute and the regulatory regime. It includes practical points that trustees should bear in mind when complying with these duties and a summary of the consequences of breach. | Practice note: overview | Maintained |
| 3 | Perpetuities and trusts: overview A note explaining what the rule against perpetuities is and how it applies to trusts. It covers the common law rules, the Perpetuities and Accumulations Act 2009, the Perpetuities and Accumulations Act 1964 and the Law of Property Act 1925. It links to detailed notes on how to apply the rule in common trust situations. | Practice note: overview | Maintained |
| 4 | Calculating pensions loss on termination of employment This practice note looks at how compensation for loss of pension rights should be calculated when an employee's employment is terminated. The note considers the approach that the tribunal is likely to adopt in unfair dismissal claims and highlights points relevant to compromising pension claims. | Practice notes | Maintained |
| 5 | Claims against directors of corporate trustees This practice note considers the liability of corporate trustees for breaches of trust, and the circumstances in which the directors may be held personally liable, by virtue of what has come to be known as a "dog leg" claim.To view Peter McMaster QC's profile, click here.To view Matthew Morrison's profile, click here. | Practice notes | Maintained |
| 6 | Contracts: mistake An outline of common law mistake and its effect on a contract. | Practice notes | Maintained |
| 7 | Contracts: rectification and other ways to correct mistakes A practice note explaining when and how the court will rectify a document or use construction to correct a mistake and reflect the terms agreed. | Practice notes | Maintained |
| 8 | Equalisation of pension benefits following Barber: recent ... This practice note looks at the effect of the decision in Barber v Guardian Royal Exchange Assurance Group and, in particular, the recent cases that have arisen from defective attempts to equalise pension benefits between the sexes. The note also considers the scope for claims to be made by trustees and employers against their former professional advisers. | Practice notes | Maintained |
| 9 | EU law and its interpretation in the UK An outline of the EU legislative process and its interpretation in the UK. | Practice notes | Maintained |
| 10 | Hastings-Bass: RIP? A practice note discussing whether the principle in Re Hastings-Bass [1974] EWCA Civ 13 still exists following the Court of Appeal decision in Pitt and another v Holt and another; Futter and another v Futter and others [2011] EWCA Civ 197. It explains the effect of this decision, against which permission to appeal has been granted and which may not be followed in offshore trust jurisdictions. It describes how the principle was applied before the decision, with examples of situations in which it was used, cases in which it was relied on to avoid unexpected tax consequences and cases on the limits of the principle. The author is updating this practice note to take into account the Supreme Court decision in Pitt v Holt and Futter v Futter (see Legal update, Hastings-Bass: HMRC wins in Futter but loses Pitt v Holt on mistake (Supreme Court)). To view Dakis Hagen's profile, click here. | Practice notes | Maintained |
| 11 | Key topics citator A "reverse" citator setting out the main legislative provisions, regulatory materials, leading cases and determinations of the Pensions Ombudsman for some key topics in occupational pensions. Links are also included to the main PLC Pensions materials available for each topic. | Practice notes | Maintained |
| 12 | Limitation of actions against trustees This note deals with the law of limitation applicable to actions against trustees. It is primarily concerned with the statutory limitation periods imposed by the Limitation Act 1980 but also refers to the equitable doctrine of laches. To view James Mather's profile, click here. | Practice notes | 16-Mar-2009 |
| 13 | Members' rights to see scheme documents This note outlines the rights of members of occupational pension schemes to see a scheme's governing documents and other material, under relevant legislation and trust law. It also considers the practical implications for trustees when recording decisions, dealing with requests for disclosure and facing scrutiny of their decisions. | Practice notes | Maintained |
| 14 | Negligent misstatement An outline of the law of negligent misstatement. This note considers the requirements of a claim: duty of care, breach and causation. It also discusses relevant authorities including the landmark decision in Hedley Byrne v Heller [1964] AC 465. | Practice notes | Maintained |
| 15 | Pension trustee exoneration and indemnity clauses Trustee exoneration and indemnity clauses protect trustees from personal liability to scheme members and beneficiaries for breach of trust and negligence. This practice note considers the scope and construction of these clauses and examines alternative forms of trustee protection. | Practice notes | Maintained |
| 16 | Pensions and discrimination claims This practice note considers the various types of discrimination claims that affect occupational pension schemes. It examines sex discrimination issues, including in relation to GMP equalisation, part-time worker claims and the recent Test-Achats judgment, as well as issues in relation to discrimination because of age, employment status, sexual orientation, gender reassignment, disability and religion or belief. | Practice notes | Maintained |
| 17 | Professional negligence An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability. | Practice notes | Maintained |
| 18 | Recovery of overpayments to pension scheme members A note addressing the issues that can arise when overpayments which have been made to members need to be corrected. | Practice notes | Maintained |
| 19 | Rectifying mistakes in pension scheme documents This practice note looks at the circumstances in which an application to court may be made to rectify mistakes in pension scheme documents. It considers the conditions that must be satisfied for a rectification claim to succeed, the procedure for applying for rectification, evidential issues and the key rectification cases in a pensions context. | Practice notes | Maintained |
| 20 | Statutory interpretation and the doctrine of precedent An outline of the English court system, the doctrine of precedent, and the rules of statutory interpretation. | Practice notes | Maintained |
| 21 | The construction of pension scheme documents This note provides practical guidance on the construction of pension scheme documents. Referring to the relevant case law and procedure, the note considers the principles of construction that apply in a pensions context and the methods available to resolve problems or uncertainties. It also highlights relevant cases dealing with particular provisions in scheme documents. | Practice notes | Maintained |