The company sought approval of a proposed reconstruction under the section. Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those carrying on the business should be the same or similar. Here the proposal would result in … Continue reading Mytravel Group Plc, Re Companies Act 1985: ChD 24 Nov 2004
Judges: Lord Kirkwood Citations: [2000] ScotCS 160 Links: Bailii Statutes: Pension Schemes Act 1993 Jurisdiction: Scotland Financial Services Updated: 19 June 2022; Ref: scu.169303
Equal pay for men and women – Survivor’s pension – Limitation of the effect in time of the judgment in Case C-262/88 Barber.As to Barber: ‘The Court’s ruling took account of the fact that it is a characteristic of this form of pay [scil, benefits provided for by private occupational pension schemes] that there is … Continue reading Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment): ECJ 6 Oct 1993
The applicant sought a pension from the scheme. He claimed that the preservation of benefit rules applied. However this scheme provided for pensions to be funded from the general assets of the fund at the time when a pension came to be due. The scheme was not therefore a funded one, and the preservation of … Continue reading Royal Masonic Hospital and Another v Pensions Ombudsman and Another: ChD 31 Jan 2001
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The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Citations: [2007] EWHC 3354 (Ch) Links: Bailii Statutes: Pension Schemes Act 1993 Jurisdiction: England and Wales Financial Services Updated: 23 July 2022; Ref: scu.266952
Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976 Europa Reference for a preliminary ruling: Office of the Industrial Tribunal and the Fair Employment Tribunal, Belfast – United Kingdom. Equal pay for men and women – Article 119 of the EC Treaty – Protocol No … Continue reading Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services: ECJ 11 Dec 1997
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The court was asked as to the dividing line, for regulatory purposes, between defined benefit (normally earnings-related) schemes and defined contribution (or money purchase) schemes. The Secretary of State asserted that some methods used to calculate benefits took the schemes outside the definition of ‘money purchase benefits’ in section 181(1) of the 1993 Act. Held: … Continue reading Houldsworth and Another v Bridge Trustees Ltd and Another: SC 27 Jul 2011
