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08 November 2013 / Ian Pickles
Issue: 7583 / Categories: Features , Expert Witness , Profession
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Thinking of retirement?

Ian Pickles considers four issues affecting pension loss claims for employed claimants in personal injury cases

Pension losses are often an important element of a personal injury claim. Generally, a pension loss will only arise if the following two conditions are met:
  1. The claimant is an active member of a pension scheme at the time of the accident (but see below); and
  2. The impact of the negligence/accident on the claimant’s earnings is such that the claimant’s pension is affected by a reduction in their working life and/or level of pensionable earnings.

People need to realise that a large pension loss claim requires a large pension—something only a lucky few have.

Changes to defined benefit schemes

Public sector pension schemes (NHS, local government, civil service and education) together with the armed forces, police and fire service pensions are changing with effect from April 2015.

The calculation of the accrued pension benefits at April 2015 may result in deferred/preserved pension payable at different ages before state pension age, making the calculations even more complex.

Very

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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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