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23 June 2020 / Stephanie Hawthorne
Issue: 7892 / Categories: Features , Profession , Pensions
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COVID-19: Pensions in the eye of the storm

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Pension lawyers have been under pressure during the coronavirus emergency, says Stephanie Hawthorne
  • Many DB pension schemes are in a parlous state while DC asset values have shrunk.
  • Pent-up litigation will come from both COVID-19 and non-COVID-19 issues.

Even before the carnage of COVID-19, many businesses were ailing, often weighed down by legacy defined benefit (DB) pensions schemes. Now, all too many well-known firms like Debenhams, FlyBe and Carluccio’s have fallen into administration. The legal repercussions will last for years. For failing firms, their often underfunded DB schemes will fall into the lifeboat Pension Protection Fund with worse outcomes for members. This is an intractable problem: a huge slew of schemes—689—have funding only at 50-75%. Worse still, 49 schemes have funding below 50%, according to The Pensions Regulator’s 2020 paper, ‘The Pensions Landscape’ (see Bit.ly/3ePYivX). Even the other 3,499 schemes’ funding hovers between 75-100%. COVID-19 has compounded this black hole and a three-month emergency easement from the Regulator until 30 June on deficit repair contributions may just be a stay of execution.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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