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The Law of Pension Trusts
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.
Parker and Mellows
An accessible and current guide to the legal aspects and overall functioning of trusts. This new and updated edition incorporates recent case law and major legislative changes, and will be of particular interest to teachers and students at undergraduate level, vocational students and practitioners.
HM Treasury: Freedom and Choice in Pensions - Cm. 8835
This consultation form a key part of a wider set of reforms announced at Budget 2014. The government is keen to ensure that individuals who want to save are supported in doing so. The nature of retirement is changing as people are living longer and their needs more varied. In this Government's view the State should not be imposing restrictions on individuals who have made tough choices to save for the future. So from next year there will be no restrictions on people's ability to draw down from their defined contribution pension pots after age 55. The tax rules will be drastically simplified to give flexible access to pension savings. Consumers will therefore also need to be well informed to make their choices and the Government will introduce a new duty on pension providers and schemes to deliver a 'guidance guarantee' by April 2015. They will also make available a £20 million development fund to get the initiative up and running
A Practitioner’s Guide to Correcting Mistakes in Pension Schemes
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 lega...
Pensions
"The essays in this book were originally presented at the WG Hart Legal Workshop 2019, held at UCL on 20 and 21 June 2019"--ECIP acknowledgements.
Pensions, Contracts and Trusts: Legal Issues on Decision Making
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)
The Principles of Equity & Trusts
'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
The Evolution of Supplementary Pensions
Presenting the evolution of supplementary pensions over the past 25 years, this comprehensive book introduces the origin of pensions as a concept and explores the role that international organisations play within the field. It draws comparisons between different welfare states, reflecting upon current research and identifying new directions and ideas. Despite observing significant differences in the approaches to pension design, the book identifies common challenges, including the need to provide for an increasingly aging population, slow economic growth following the 2008 global financial crisis, the need for effective regulation, and increased labour market flexibility. Leading scholars an...
Equity and Trusts
Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.
