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23 March 2018 / Ellis Pugh , Giselle Davies , Giselle Davies
Issue: 7786 / Categories: Features , Charities
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Risk management: avoiding the nuclear option

Giselle Davies & Ellis Pugh discuss how to handle liabilities outside your control

  • Defined benefit pension schemes can risk creating a funding deficit.
  • Avoiding insolvency is paramount.
  • Robust risk management is required to manage the issue.

While hidden liabilities come in all sorts of shapes and sizes, the fact that the sector is currently sitting on a very substantial pensions liability has been known for some time. A recent paper indicates that the top 40 charities in England and Wales have pension liabilities totaling £7bn. Clearly this is a problem, particularly where a charity’s pension liability compares unfavourably to its unrestricted reserve funds or annual income (the Hymans Robertson report suggests that for the 40 charities concerned the £7bn compares with £38bn of reserves and £12bn annual income respectively). For an individual charity, the comparison may be significantly less favourable.

Funding deficits: a ticking time bomb

It is defined benefit pension schemes (DBS), sometimes referred to as ‘final salary pensions’, which carry the risk of a funding deficit and

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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