Pensions, Contracts and Trusts: Legal Issues on Decision Making (eBook)

Book of the Month

Service in Civil Proceedings: Law and Practice

Daniel Edmonds, Sarah Tulip

Price: £150.00

Buy

More Information

Planning Law:
A Practitioner's Handbook
2nd ed

William Webster, Robert Weatherley

Welcome to Wildys

Watch

Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)

Ian Kawaley, David Doyle, Shade Subair Williams

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Secondhand & Out of Print

Browse Secondhand Online

Pensions, Contracts and Trusts: Legal Issues on Decision Making (eBook)

David Pollard

ISBN13: 9781526511843

Published: May 2020

Publisher: Bloomsbury Professional

Country of Publication: UK

Format: eBook (ePub)

Price: £135.00
The amount of VAT charged may change depending on your location of use.

Convert Currency

The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:

Sale prohibited in

Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.30am to 5.00pm, London, UK time.

The eBooks we sell are sold as a single-user licence and are intended for the end user only.
The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

For further information see https://www.wildy.com/ebook-formats

Once the order is confirmed an e-mail will be sent to you to allow you to download the eBook. For UK purchases this will be automatic. For purchases outside the UK a member of staff will need to confirm the sale. (Staff are available to do this during normal business hours, Mon-Fri 8:30-17:00 UK time)

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

Due to a technical issue some ebooks are not available to order.

In stock.

Need help with ebook formats?

Also available as

Hardback
9781526511836

£150.00

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)

Subjects:: Contract Law, Equity and Trusts, Pensions Law, eBooks

Contents:: Part 1: Introduction; 1. Introduction; Part 2: General; 2. Public Law Analogy in Private Law Discretions?; 3. General Issues on Use of Public Law; 4. Wednesbury Applied; 5. Good Faith and Dishonesty; Part 3: Extent of Power- Construction; 6. Construction - General; 7. Express Limits on a Power; 8. Construction Principles; 9. Interpretation of Pension Schemes; Part 4: Looking At the Decision Maker- And Fetters on Discretion; 10. Who Is The Decision Maker?; 11. Trustee Discretions and Fetters; 12. Statements of a No Fetter Rule; 13. Fetters: Some Older Cases; 14. The Fetters Rule Gets More Sensible: Three Modern Cases: Thorby, C Abra Estates and Firkin-Flood; 15. Modern Position; 16. Pension Schemes and Fetters; 17. Fetters: Is Public Law Any Guide?; 18. Fetters and Changes of Trustees; 19. Fetters: Outside Parties; 20. Fetters: Effect on Third Parties; 22. Setting Policies or Guidelines?; 23. Avoiding Fetter Issues; Part 5: Proper Purposes; 24. Proper Purposes: Introduction; 25. Eclairs; 26. The Proper Purpose Test; 27. There Is No Literal "Best Interests" Rule; 28. Purpose Test in Trust Law And Company Law; 29. How Is The Proper Purpose Test Applied?; 30. Can Proper Purposes Apply Where There Has Been A Failure To Act?; 31. How Is The Decision Maker's Purpose Worked Out?; 32. Causation/More than One Motive or Intention; 33. More Than One Decision Maker; 34. Purpose Vs Motive?; 35. Overlap With Need To Consider Only Relevant Factors?; 36. Effect of Improper Exercise; 37. Proper Purposes: Conclusion; 38. Proper Purposes: Application To Pension Schemes: Introduction; 39. Pension Scheme and Trustee Powers; 40. Overall Purpose of a Pension Scheme - A Suggestion; 41. Edge V Pensions Ombudsman; 42. Pensions: Main Purpose Vs Sole Purpose?; 43. Pension Trusts: Examples of the Application of the Proper Purpose Test; 44. Amendment Powers/ Change of Principal Employer; 45. Transfers-In; 46. Transfers Out: Fletcher Challenge and Its V Hope; 47. Investment; 48. Early Retirement Reduction; 49. Commutation Factors; 50. Pension Increases; 51. Winding-Up a Pension Scheme?; 52. Regula Tor Powers; 53. Trustees Exercising Powers Fairly; 54. Proper Purpose: Overview; Part 6: Fiduciaries and "Best Interests?; 55. Fiduciaries: Best Interests? Overview; 56. Introduction; 57. Why Does This Matter?; 58. This Article Does Not Cover: Social Investment and Other Interests Points; 59. Trustee, Directors and Discretions; 60. Best Interests and Who Is a Fiduciary; 61. UK Official Guidance; 62. A Literal Best Interests Duty Is Dangerous; 63. Literal Best Interests Duty: Imprecise and Unworkable; 64. Cowan V Scargill (1984); 65. Interpreting Megarry V-C's Judgment In Cowan V Scargill: Context Etc; 66. Did Megarry V-C Invent The Duty For Trustees?; 67. Lord Nicholls; 68. MNRPF (2015): There Is No Literal "Best Interests" Rule; 69. Express Contractual or Statutory Duty – Some English Cases; 70. Overview; 71. Problems with A Literal "Best Interests" Duty.; 72. (1) Is Not A Freestanding Duty 'To Act', But Instead A Limit on Powers; 73. (2) Does Not Override Limitations in the Trust Instrument; 74. (3) Does Not Override the Proper Purposes Test; 75. (4) Should Be Seen As Subjective - What Did The Trustee Board Consider At The Time Would Be Likely To Promote The Success Of The Trust?; 76. (5) There Is Always More That the Trustee Could Do; 77. (5) Literally Would Impose a Retrospective Best Outcome Standard; 78. Not a 'Paramount' Duty; 79. Gives No Guidance on Who Is a Beneficiary/ How to Decide Between Beneficiaries; 80. Some Cases After Cowan V Scargill; 81. 'Best Interests' or Just 'Interests'?; 82. Best Interests/Success of the Trust Is Better; 83. Proper Purposes Even Better?; 84. Silence Is Louder Than Words: Cases That Do Not Mention A 'Best Interest' Duty When They Should; 85. Directors' Duties: Companies Act 2006, Si 72; 86. A Positive Duty to Disclose? Item Software; 87. UK Statutory Duties for Trusts and Directors; 88. Ops Investment Regulations/ IORP Directive; 89. Australia Statutory Intervention and Case Law; 90. Conclusion; Part 7: Due Consideration of Relevant Factors; 91. B Ragan Za - A Landmark Case; 92. Braganza: The Decision; 93. The Braganza Rationality Test; 94. Who Is The Decision Maker?; 95. Trustees and Braganza?; 96. Pension Trustees and Public Law Following Braganza; 97. Does Braganza Apply To All Commercial Discretions?; 98. Nature of Discretion; 99. Intensity of Review; 100. First Limb - Process: Relevant Factors; 101. Trustees And Relevant Factors: P Itt V H Olt Compared With Braganza?; 102. Three Types of Relevant Factors: The Public Law Approach; 103. Weight Given To Factors; Part 8: No Reasonable Decision Maker: Full Perversity; 104. Braganza; 105. Arbitrary, Capricious Etc; 106. Timing for Irrationality?; 107. What If One Reasonable Decision Maker Would Have Made The Same Decision?; 108. Braganza Test Is A Limit On A Power?; Part 9: Braganza Rationality Tests: Interaction with the Proper Purpose Test; 109. Braganza and MDTC/Contractual/Imperial Duty; Part 10: Further Issues; 110. Multiple Decision Makers; 111. Decision Maker Would Have Made The Same Decision Anyway?; 112. Decision Maker Giving Reasons; Part 11: Remedies for a Failure?; 113. Remedies; 114. Reversal of the Decision; 115. Damages or Equitable Compensation for Breach of Trust/Duty against the Trustee:; 116. Claim against Third Party:; 117. Removal of the Decision Maker; 118. Exclusion Clause?; 119. Overturning a Decision - Reference Back To Decision Maker; Appendix A: 12 Major Review Grounds for Trustee Decisions; What Is A Trustee Board Not Obliged To Do?; Appendix B - Casela Won the Nature of a "Discretion"; Discretions

Book of the Month

Service in Civil Proceedings: Law and Practice

Planning Law: A Practitioner's Handbook2nd ed

Welcome to Wildys

Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)

Offers for Newly Called Barristers & Students

Secondhand & Out of Print

Pensions, Contracts and Trusts: Legal Issues on Decision Making (eBook)

Planning Law:
A Practitioner's Handbook
2nd ed