27th February 2015

Round Table

In every issue of Builder & Engineer Magazine, they ask a panel of experts for their views on a burning topic. David Gwillim was thrilled to be included in the latest panel.

24th February 2015

The end of contracting-out for defined benefit schemes takes a step closer to fruition

Provisions under the Pensions Act have come into force which allow employers to amend the rules of contracted-out defined benefit (“DB”) schemes in light of the imminent cessation of contracting-out on 6 April 2016. The provisions give a statutory override power to employers which means that scheme amendment rules do not have to be complied with when implementing the changes.

24th February 2015

Pre May 2000 bankrupt’s pension assets still vest in his trustee in bankruptcy

In the recent decision of Horton v Henry [2014] EWHC 4209 (Ch) the High Court held that a Bankrupt’s unexercised rights to draw his pension did not represent income to which the Bankrupt was entitled within the meaning of section 310(7) of the Insolvency Act 1986 and so refused to make an Income Payments Order. This contradicted the controversial decision in Raithatha v Williamson [2012] EWHC 909 (Ch) and has created uncertainty as to which is the correct position. The Horton case is being appealed.

24th February 2015

High Court decides income payments orders cannot require bankrupt to draw pension against Raithatha

The High Court has held that a bankrupt’s unexercised rights to draw his pension did not represent income to which the bankrupt was entitled and so refused to make an income payments order, contradicting the controversial decision in Raithatha v Williamson which held that a bankrupt’s right to draw income from a personal pension may be subject to an income payments order even if the individual has yet to draw his pension.

13th February 2015

Fatal Tipper truck accident in Bath

The facts surrounding this tragic accident are still being investigated by the Police and the exact cause of the accident is as yet unknown. Everybody's thoughts are with the families and loved ones of those killed and injured. This accident follows what appears to be a similar event in Glasgow at Christmas when another large vehicle went out of control and killed and injured a number of pedestrians.