header-logo header-logo

19 January 2012
Issue: 7497 / Categories: Case law , Law reports , In Court
printer mail-detail

Pension schemes—Approved occupational pension schemes—Unauthorised member payments

Dalriada Trustees Ltd v Faulds and others [2011] EWHC 3391 (Ch), [2012] All ER (D) 19 (Jan)

 

Chancery Division, Bean J, 15 Dec 2011

Maximising pension value arrangement loans made by six Revenue-registered occupational pension schemes were unauthorised member payments as defined by  s 160(2) of the Finance Act 2004 (FA 2004).
 
Andrew Spink QC and Fenner Moeran (instructed by McGrigors LLP) for the claimant. Nicholas Stallworthy QC (instructed by Gately Manchester LLP) for the first defendant. James Clifford (instructed by Freedman Law) for the second and third defendants.

The case concerned six Revenue-registered occupational pension schemes with a total membership of at least 487 members and funds of approximately £25m. The schemes operated a pension reciprocation plan (PRP) which was conceived as a way of getting members access to their pension capital prior to retirement but without breaching HMRC rules. At the heart of the PRP model was a structure called a “maximising pension value arrangement” (MPVA), whereby scheme Y would loan funds
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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll