Disputes and litigation

Pensions law and the running of pension schemes can be a complex area. The combination of complex black-letter law and layers of regulation combined with a fragile economic climate and widespread pension fund deficits has produced a environment prone to mistakes, blame and litigation.

The requirement for schemes to have a formal internal dispute resolution procedure encourages the resolution of disputes internally before consideration of external, independent forums such as the Pensions Ombudsman and the courts, which have a long backlog of pending cases. However, in some instances, recourse to the courts is unavoidable and necessary.

For further information on the Pensions Ombudsman, see Practice Notes: Making a complaint to the Pensions Ombudsman—what is involved? and The Pensions Ombudsman—when should he be used and what are his powers?

Dealing with and compromise of pension scheme disputes

Disputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. For further information on the various ways in which pensions disputes may arise in respect of occupational

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