Pensions, Contracts and Trusts

Legal Issues on Decision Making

David Pollard (Wilberforce Chambers, UK)

$290

Hardback

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English

Bloomsbury Professional
14 May 2020

Commercial law; Contract law; Employment & labour law; Pensions law; Trusts & estates taxation

This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged.

This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself.

These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).

Recent case law includes: ·

Pitt v Holt (SC) – trustee decisions (2013) ·

Braganza (SC) – contractual discretions (2015) ·

Eclairs (SC) – directors powers: proper purposes (2015) ·

IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) ·

British Airways (CA)– pension plan – proper purposes (2018)

The book reviews the relevant doctrines of: ·

Interpretation rules ·

Proper purposes; ·

Due consideration of relevant factors ·

Full perversity (no reasonable decision maker)

This title is included in Bloomsbury Professional's Pensions Law online service.

By: David Pollard (Wilberforce Chambers UK)
Imprint: Bloomsbury Professional
Country of Publication: United Kingdom
Dimensions: Height: 248mm, Width: 156mm,
Weight: 1.170kg
ISBN: 9781526511836
ISBN 10: 1526511835
Pages: 640
Publication Date: 14 May 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

David is a leading and highly experienced lawyer in the pensions field and related areas. He switched to practice as a barrister at the end of 2017, after 37 years practice as a solicitor, including 25 years as a partner in law firm Freshfields Bruckhaus Deringer. David’s practice focuses on: Pensions law, Insolvency law, Employment law (involving pensions). David’s practice as a solicitor included advising employers and trustees in relation to pension law matters, including corporate transactions, scheme funding, scheme mergers, scheme changes, employer insolvency and Pensions Regulator issues.

Reviews for Pensions, Contracts and Trusts: Legal Issues on Decision Making

If any textbook can be thoroughly recommended to Trust Quarterly Review (TQR) readers, this is it. It is a truly international survey of the - quite radical - developments introduced into the circumstances where the courts will intrude into decision-making by, among others, trustees. * Trust Quarterly Review *