header-logo header-logo

24 January 2019 / Roderick Ramage
Issue: 7825 / Categories: Features , Pensions
printer mail-detail

Conflict resolution

Roderick Ramage discusses how pension scheme employers & trustees should tackle pension tussles

In most circumstances it is in the interests of both the employer and its pension scheme that different interests are represented on the board of trustees. Where there might be conflicts, the duties and powers of the parties must be examined to ascertain whether there is actually a conflict.

A rigid regime to avoid conflicts can be counter-productive and impose unreasonable restrictions on the conduct of both the employer’s and the scheme’s activities; but where conflicts are real and serious, the resignation of one or more or all of the conflicted parties might be necessary.

‘Conflict of interest’ does not imply actual conflict between the parties, but when the directors of the employer, and even more so its shareholders, are trustees, they have legal conflicts of interest: they have duties to both parties whose interest can become opposed with differences that must be resolved. There can also be conflicts if trustees are also members of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll