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18 May 2018 / Nicholas Hill , Gus Baker
Issue: 7793 / Categories: Features , Pensions
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Pensions: cracks in the system

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Nicholas Hill & Gus Baker report on pensions mis-selling, chicken & chips, ‘dubious advisers’, & a new wave of litigation

  • New legislation has changed the ability of people to access their pensions.
  • The evidence suggests that a major mis-selling scandal is erupting.
  • This note considers the legal landscape as pensions and financial services litigation intersect.

Between 2015 and 2017 it is estimated that 220,000 Defined Benefit (DB) pension scheme members transferred over £50bn out of DB schemes. Many of those transfers will have been on the basis of expert, regulated financial advice. Regrettably some scheme members were (according to the Work and Pensions Select Committee) ‘exploited for cynical personal gain by dubious financial advisers in tandem with parasitical so-called “introducers”’.

Practices reported in respect of transfers out of the British Steel Pension Scheme included invitations to ‘curry and chips’ or ‘chicken and chips’ events. One firm was moved to write to the Work and Pensions Select Committee to correct the Committee’s understanding about meetings it held—the firm noted

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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