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    TPR set to get new powers
    2018-07-30

    The DWP is consulting on new powers for The Pensions Regulator (TPR). The consultation covers:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, The Pensions Regulator (UK), Department for Work and Pensions (UK)
    Authors:
    Clifford Sims
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The Wedgwood pension scheme and the case of the disappearing museum
    2018-07-09

    For anyone thinking of donating antiques or other valuable gifts to be part of a museum collection there is a moral to follow: beware how you give and to who you give it to! This was never better demonstrated than in the example of the Wedgwood collection and the case of the disappearing museum.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Non-profit Organizations, Charles Russell Speechlys
    Authors:
    Michael Jones
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    UK Pensions - High Court confirms impact of final salary link on employer debts
    2018-07-13

    The High Court has given judgment in a case (G4S plc v G4S Trustees Ltd) about whether a defined benefit (DB) scheme which was closed to future accrual, but whose members' benefits continued to be linked to final salary, was a "frozen" scheme for the purposes of the employer debt legislation. The Court has decided that the final salary link did not mean that the members were in pensionable service and, as a result, the scheme was frozen. This is important for employers (and trustees) of closed schemes where the members retain a final salary link.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Linklaters LLP, Defined benefit pension plan
    Location:
    United Kingdom
    Firm:
    Linklaters LLP
    TPR success in Box Clever case
    2018-07-04

    TV rental business, Box Clever, was created as a joint venture between Granada (now ITV) and Thorn (now Carmelite).

    The Box Clever business was later sold and administrative receivers were subsequently appointed over Box Clever companies.

    The Pensions Regulator (“TPR”) issued Financial Support Directives (“FSDs”) against five ITV companies in relation to the Box Clever defined benefit pension scheme. ITV referred the determinations to the Upper Tribunal.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, BDB Pitmans LLP
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    PPF issues guidance on company voluntary arrangements
    2018-06-22

    The Pension Protection Fund (PPF) has published guidance on company voluntary arrangements (CVAs), setting out the issues that it expects to be considered and addressed. The new guidance will be relevant to companies who are considering a CVA which could affect a DB pension scheme, and to advisers working with those companies or with pension scheme trustees.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Osborne Clarke, Pension Protection Fund
    Authors:
    James Saddler , Jonathan Hazlett , Jennifer Cave
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    What do House of Fraser, Byron Burger, Carluccios, Mothercare, Prezzo and Carpetright have in common?
    2018-06-28

    These are just a few of the big high street names which have sought to compromise their obligations to creditors in recent months via a company voluntary arrangement (CVA).

    CVAs are designed as a flexible method by which companies can seek to contractually alter their position regarding different creditors – each CVA will be different, but it is typical, for example, for unsecured trade creditors to be treated differently to landlords. It’s worth noting that secured creditors are not bound by a CVA, unless they agree to this.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Estelle Macleod , William Sutton
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    The current pensions landscape: two contrasting tales
    2018-06-05

    In the wake of the Carillion insolvency and the Toys R Us administration, there are contrasting tales from two different UK businesses.

    The engineering business Rolls-Royce is going against the trend and has announced that it will keep its defined benefits pension scheme open for current members until January 2024.

    The scheme is running at a £1.4 billion surplus, which will also allow the company to decrease its contributions to its defined benefit retirement fund by £145 million over the next three years.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, BDB Pitmans LLP, The Pensions Regulator (UK), Carillion, Pension Protection Fund
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    CVAs - does Mothercare know best?
    2018-06-07

    In May 2018, Mothercare and Carluccio's became the latest in an increasingly long line of high street names to propose Company Voluntary Arrangements (CVAs) involving significant site closures and rent reductions. On 31 May, 91% of unsecured creditors approved the Carluccio's CVA, and the following day Mothercare's creditors followed suit (although that was not the case with all of its subsidiaries, as discussed below). Next in line according to recent reports are House of Fraser and then Homebase, following the latter's acquisition for £1 by retail restructuring specialists Hilco.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Womble Bond Dickinson (UK) LLP
    Authors:
    Tom Pringle , Jennifer Bean
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Pensions in Restructuring Survey 2018 - the results
    2018-06-14

    Welcome to the results of our third annual Pensions in Restructuring Survey.

    This year's survey gathers views on the issues with pensions in corporate restructuring, with a particular focus on the points arising from the Department for Work and Pensions' recent white paper, "Protecting Defined Benefit Pension Schemes".

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Taylor Wessing, Private equity, Department for Work and Pensions (UK)
    Authors:
    Mark Smith , Nick Moser
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Hampshire -v- Pension Protection Fund: every individual member entitled to compensation of at least 50% on employer's insolvency
    2018-05-24

    The Advocate General Kokott (AG) has given her opinion in Grenville Hampshire -v- The Board of the Pension Protection Fund [2018] (Case C-17/17). This challenges the level of compensation offered by the Pension Protection Fund (PPF) and could result in increased payments for members.

    Background

    Mr Hampshire initially brought the case to the Court of Appeal in July 2016, claiming that his pension was cut by 67 per cent when his company scheme was transferred into the PPF.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hill Dickinson, Direct effect of EU law, Article 8 ECHR, Pension Protection Fund, Pensions Act 2004 (UK)
    Authors:
    Mona Jackson , Mark Ridler
    Location:
    United Kingdom
    Firm:
    Hill Dickinson

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