Oliver Hilton

This Practice Note focuses on rectification. It explains why rectification may be required in the context of pension documentation (eg trust deed and rules) and the circumstances in which the courts will order rectification. It also considers the evidence the courts will look for before rectifying a document, the procedure for making a rectification claim, the identity of the potential parties to the action and the merits of making such a claim.

This Practice Note looks at the issues relevant (including procedural and timing issues) when appealing a determination of the Pensions Ombudsman. As appeals can only be made on a point of law, it compares a point of law from a point of fact and also considers the potential for judicial review.

This Practice Note sets out the general principles relating to costs as they apply to pension scheme dispute resolution by the courts, the Pensions Regulator and the Pensions Ombudsman. In particular, in relation to the courts, it looks at trustees’ right of indemnity, the treatment of costs in each type of litigation in which trustees might become involved, costs protection for trustees, Beddoes applications and prospective costs orders. This Practice Note also covers the treatment of costs by the Pensions Regulator and the Pensions Ombudsman.

This Practice Note covers the key legal principles that trustees must follow when exercising a trustee discretion under the rules of a pension scheme and how they can avoid potential challenges to the exercise of their discretionary powers. In particular, the Practice Note looks at the considerations for trustees when dealing with an application for early retirement on the grounds of ill-health or when deciding how to exercise their discretion to pay lump sum death benefits.

This Practice Note covers what scope there is for making a complaint to the Pensions Ombudsman (PO), including the persons eligible to apply to the Pensions Ombudsman to make a complaint, the type of matter that can be referred to the Pensions Ombudsman, steps that must be taken before a complainant can apply to the Pensions Ombudsman (ie going through a scheme’s internal dispute resolution procedure), the time limits to complain. It also looks at the steps involved in dealing with the complaint (ie the complainant’s application, the respondent’s response, the investigation and the determination), enforcement issues and appeals.

This Practice Note considers the issues relevant when pension scheme trustees make professional negligence claims against their advisers, including duty of care issues, limitation periods, Beddoe applications and cost considerations. This Practice Note also looks at common claims made by trustees against their advisers, including in relation to payment errors, failed equalisation and drafting mistakes in scheme documentation.

This Practice Note focuses on privilege, ie the ability to withhold documents from someone’s inspection, in the context of pensions. It distinguishes between legal advice privilege and litigation privilege and sets out the requirements for each and when privilege is lost. Finally, this Practice Note considers the scope of privilege vis-à-vis the courts, the Pensions Ombudsman and the Pensions Regulator.

This Practice Note looks at the making of representation orders in pensions litigation. In particular, it covers what a representative party is, when and why representation orders are made, jurisdiction to appoint a representative party, types of representation orders, who may be appointed a representative party, consent and notification of the represented class, duty, role and costs of the representative party, compromise involving a representative party, and the effect of a representation order.

This Practice Note looks at the jurisdiction of the Pensions Ombudsman to deal with occupational and personal pension-related complaints and disputes, including who can make or refer complaints/disputes, the types of complaints/disputes that can and cannot be determined, the powers he may exercise in doing so and applicable time limits.

This Precedent is suitable for use by the trustees of a pension scheme to record minutes of a trustee meeting concerning the exercise of a pension trustee power or discretion.

This Q&A considers whether costs budgets are required to be filed where the legally represented claimant has issued a probate claim against a litigant in person by Part 7 proceedings, which also seeks by way of alternative remedy an order under I(PFD)A 1975, where the claim form states that it is valued at less than £10m, and at the first CMC the matter is allocated to the multi-track.

This Q&A considers whether there are any restrictions on, or tax consequences as a result of, trustees of UK-based pension scheme being resident out of the jurisdiction.

This Q&A considers whether a trustee’s refusal to attend trustee meetings can be used as evidence in a court application for their removal.

This Q&A considers the doctrine of laches, and in particular asks whether there are circumstances in which it can ground a cause of action as opposed merely to acting as a defence.

This Q&A considers whether, in the context of PAA 1971, s 10, the concept of ‘trustee function’ in TDA 1999, s 1 include the functions of a personal representative, and if it does not, why not.

This Q&A considers the definition of ‘Charity’ in Northern Ireland and how it varies from the definition in England and Wales.

This Q&A considers the completion of a listing questionnaire and how detailed the ‘estimate of costs’ must be and the form it tales for a Part 8 claim not subject to cost budgeting.

This Q&A considers CPR 36 and the process of making an application to abridge the ‘Relevant Period’ and whether the application needs to be made before trial or at trial and the any specific wording would need to be included in the draft order.

This Q&A considers the enforceability of contractual promises in relation to Wills and the effect that death may have on the enforceability of such promises.

This Q&A considers the implications of a gift of property from a parent to a child where the parent retains the right to live at the property.