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24 March 2017 / Caroline East
Issue: 7739 / Categories: Features , Family
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Ducks in a row

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The Brewster case has bolstered public sector pension rights of unmarried couples, but it is better to be prepared, says Caroline East

  • Administrators of public sector pension schemes should not discriminate unfairly on grounds of marital status.
  • Secretary of State for Work and Pensions concerned that a change in the law would see full retrospective pension benefits being granted to civil partners.

In certain circumstances, a cohabitee may be able to claim a survivor’s pension on the death of his/her partner. Such was the case of Denise Brewster who lived with her partner, William McMullan, for approximately ten years. They became engaged on 24 December 2009 but sadly Mr McMullan died unexpectedly two days later.

Mr McMullan had been employed by Translink, a public transport operator, for about 15 years (up until his death) and had contributed to the Local Government Pension Scheme throughout that time. The scheme was governed by the Local Government Pension Scheme Regulations 2009 (SI 2009/3093).

The administrators of the scheme denied Ms Brewster access to a survivor’s pension

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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? 
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