Download or read book Pensions Contracts and Trusts Legal Issues on Decision Making written by David Pollard and published by . This book was released on 2020 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pensions Contracts and Trusts Legal Issues on Decision Making written by David Pollard and published by Bloomsbury Publishing. This book was released on 2020-05-10 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers). Recent case law includes: · Pitt v Holt (SC) – trustee decisions (2013) · Braganza (SC) – contractual discretions (2015) · Eclairs (SC) – directors powers: proper purposes (2015) · IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) · British Airways (CA)– pension plan – proper purposes (2018) The book reviews the relevant doctrines of: · Interpretation rules · Proper purposes; · Due consideration of relevant factors · Full perversity (no reasonable decision maker)
Download or read book Pensions Contracts and Trusts Legal Issues on Decision Making written by David Pollard and published by Bloomsbury Publishing. This book was released on 2020-05-10 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers). Recent case law includes: · Pitt v Holt (SC) – trustee decisions (2013) · Braganza (SC) – contractual discretions (2015) · Eclairs (SC) – directors powers: proper purposes (2015) · IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) · British Airways (CA)– pension plan – proper purposes (2018) The book reviews the relevant doctrines of: · Interpretation rules · Proper purposes; · Due consideration of relevant factors · Full perversity (no reasonable decision maker)
Download or read book Pensions written by Sinéad Agnew and published by Bloomsbury Publishing. This book was released on 2020-08-20 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.
Download or read book Pensions and Legal Policy written by Amanda Cooke and published by Bloomsbury Publishing. This book was released on 2021-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia, are also considered as well as the function of law in bringing about political changes. The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift. The book explores the work of behavioural economics, its global influence on understanding financial decision-making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime.
Download or read book Employment Law and Pensions written by David Pollard and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.
Download or read book Pensions Law Handbook written by CMS Pensions Team and published by . This book was released on 2021 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Pension Trusts written by David Pollard and published by OUP Oxford. This book was released on 2013-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most detailed treatment available of pension trusts law. This book draws together all of the relevant topics providing analysis of the case law and addressing many of the tricky problems which pensions practitioners and academics face.
Download or read book Pensions Law Handbook written by and published by Tolley. This book was released on 2003 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in it's fifth edition, Tolley's Pensions Law Handbook is the definitive and comprehensive guide to pensions law and practice within the UK. It deals with the duties and responsibilities of key personnel and the law applicable to specific tasks, such as contracting out, early leavers, reconstruction, winding-up and funding & surplus. Fully updated to include all the latest developements, it also covers such topics as: - The role and duties of trustees, actuaries, auditors, and investment managers The 2002 Government Green Paper on 'Simplicity, Security and Choice: Working and saving for Retirement'It tackles complicated ideas in a clear and concise way, such as the impact of divorce on pension rights, employment issues, sex equality, and the SSAS regime.Taking the practical approach, supported by flow charts and tables, adopted by the expert legal team of writers, makes this a very useful first point of reference for the pensions manager, actuary, consultant, lawyer or adviser
Download or read book Pensions Law written by Nabarro Nathanson Pensions Team and published by Bloomsbury Professional. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: -Recent cases on equalisation --
Download or read book Connected and Associated Insolvency and Pensions Law written by David Pollard and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
Download or read book A Practitioner s Guide to Correcting Mistakes in Pension Schemes written by Paul Newman and published by Bloomsbury Publishing. This book was released on 2022-03-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.
Download or read book Pensions Law Handbook written by Nabarro (Firm). Pensions Department and published by . This book was released on 2018 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Pensions Law Handbook is the definitive guide to pensions law and practice in the UK with the last edition having won the Wallace Medal for "meritorious work in communicating and explaining legal issues affecting pensions". This new edition brings the work fully up to date following the changes highlighted below. The work remains a first port of call text providing guidance through the complex web of pensions-related statuses, regulations and case law."--Bloomsbury Publishing.
Download or read book Corporate Insolvency Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.
Download or read book Trusts and Private Wealth Management written by Richard Nolan and published by Cambridge University Press. This book was released on 2022-12-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).
Download or read book Pensions Law Handbook written by Richard Kandler and published by . This book was released on 2000 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to all aspects of pensions law. It covers such issues as the role and duties of trustees, actuaries, auditors and investment managers, dealing with specific tasks such as contracting out, early leavers, reconstruction and winding up, funding and surplus. The book seeks to track complicated issues in a clear and concise way, for example, the impact of divorce on pension rights, employment issues, sex equality, and the SSAS regime. It takes a practical approach, supported by flow charts and tables.
Download or read book A Practitioner s Guide to Correcting Mistakes in Pension Schemes written by Paul Newman and published by Bloomsbury Publishing. This book was released on 2022-03-31 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.
