Corporate Insolvency: Employment and Pension Rights


Book Description

Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.




Pensions Bill


Book Description

This report is intended to inform Members of both Houses on the further proceedings of the Pensions Bill and the Government undertakings relating to the Financial Assistance Scheme that will form part of the Bill. An additional clause to the Bill, clause 18, was added in April 2007, which aimed to increase the scope and benefits given by the Financial Assistance Scheme (FAS) so that members of affected pension schemes are now eligible for payments of 80% of their core pension rights up to a cap of £26,000. Eligible schemes are those schemes that started winding up between 1 January 1997 and 5 April 2005, as a result of the sponsoring employer becoming insolvent. Further, the Government has announced it will also include schemes where the sponsoring employer remained solvent, along with a review of the use of assets in FAS pension schemes. The Committee believes the Government should seek ways to do more for improvements to FAS. This report contains a brief description of proposals to extend the Financial Assistance Scheme to cover those who lost pension rights when a solvent employer wound up a scheme. It also includes correspondence from the Department for Work and Pensions.




Occupational and Personal Pension Schemes


Book Description

This report covers the review of the rebate by the Government Actuary for people with salary-related contracted-out schemes (COSRS), money purchase contracted out schemes (COMPS) and Appropriate Personal Pensions (APPS) in relation to the five year period commencing on 6 April 2007. Rebates appropriate for members of APPs and COMPs would also be appropriate where such schemes are stakeholder pensions, under the terms of the Welfare Reform and Pensions Act 1999. The paper sets out two reports on occupational and personal pension schemes, one by the Government Actuary and the other by the Secretary of State for Work and Pensions. Under the Pension Schemes Act 1993, a review is required every 5 years of the percentages specified in section 41 of the Act for the reduction in the Class I National Insurance contributions for members of salary-related contracted-out schemes (COSRS), known as the rebate. The review should cover any changes in the factors affecting the cost to occupational pension schemes. Separate requirements exist for members of money purchase contracted-out schemes (COMPs). The previous review was published in March 2001 (Cm.5076, ISBN 0101507623). April 2007 and may continue to apply until April 2012, though recommendations on the future of contracting out pension schemes as set out in A New Pension Settlement for the Twenty-First Century (ISBN 0117036021), along with Government proposals in a White Paper due in the Spring 2006 may lead to a further review of the reduced rates and rebates of National Insurance contributions.




Statutory Instruments


Book Description




Pensions Act 2004


Book Description

The Act is in nine parts and includes provisions to: i) establish a non-departmental public body called the Pensions Regulator to replace OPRA. This will take over responsibility for regulation of occupational pensions and specific functions of personal pensions and stakeholder pensions, as well as assume new functions including referring determinations to a Pensions Regulator Tribunal; ii) create a new Pension Protection Fund (PPF) to provide compensation for members of occupational pension schemes in cases where insolvent employers leave insufficient pension funds; iii) introduce a new explicit Ministerial function to promote and facilitate financial retirement planning, including powers to require employers to provide pension planning advice access for employees in the workplace; and iv) provide greater flexibility and simplicity in pension scheme administration and greater clarity in existing pensions law.







The New Law Journal


Book Description




Pensions Act 2004


Book Description

The Act is in nine parts and includes provisions to: i) establish a non-departmental public body called the Pensions Regulator to replace OPRA. This will take over responsibility for regulation of occupational pensions and specific functions of personal pensions and stakeholder pensions, as well as assume new functions including referring determinations to a Pensions Regulator Tribunal; ii) create a new Pension Protection Fund (PPF) to provide compensation for members of occupational pension schemes in cases where insolvent employers leave insufficient pension funds; iii) introduce a new explicit Ministerial function to promote and facilitate financial retirement planning, including powers to require employers to provide pension planning advice access for employees in the workplace; and iv) provide greater flexibility and simplicity in pension scheme administration and greater clarity in existing pensions law.




Beswick and Wine: Buying and Selling Private Companies and Businesses


Book Description

Structured to reflect the process in practice this book focuses on the key commercial, tax and legal issues that arise from business sales. By addressing fundamental issues from the perspective of both the seller and the purchaser it is a perfect handbook for all those involved in such acquisitions. From due diligence through to completion of the share purchase or business transfer agreement it contains clear, expert advice. The 11th edition has been updated to include: - Impact of Brexit in 2020 including on merger law and notifications - "UKGDPR" and Data Protection Act 2018 and latest guidance from the Information Commissioner Guidance including the Data Sharing code of practice - Recent tax changes including reduction in entrepreneurs' relief from capital gains tax from £10m to £1m Case law such as: - Stobart Group Limited and Anor v. William Stobart and Anor [2019] EWCA (Civ) 1376 (CA) (notices of claims under share purchase agreements) - 116 Cardamon Ltd v MacAlister & Anor [2019] EWHC 1200 (Comm) (damages for breach of warranty under share purchase agreement) - Triumph Controls UK Limited v Primus International Holding Company [2019] EWHC 565 (TCC) (breach of warranty) - Tesco UK Limited v. Aircom Jersey 4 Limited and Aircom Global Operations Limited [2018] EWCA Civ 23 (tax warranty claim) It also includes checklists, draft enquiries, letters of disclosure and a specimen completion agenda, together with an accompanying electronic download containing all the precedents in the work. This title is included in Bloomsbury Professional's Company and Commercial Law online service.




Current Law Statutes


Book Description