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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll