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Author : David Pollard
Publisher :
ISBN 13 : 9781526511867
Total Pages : 360 pages
Book Rating : 4.5/5 (118 download)
Download or read book Pensions, Contracts and Trusts; Legal Issues on Decision Making written by David Pollard and published by . This book was released on 2020 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Pollard
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511843
Total Pages : 626 pages
Book Rating : 4.5/5 (265 download)
Download or read book Pensions, Contracts and Trusts: Legal Issues on Decision Making written by David Pollard and published by Bloomsbury Publishing. This book was released on 2020-05-10 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Author : David Pollard
Publisher : Bloomsbury Publishing
ISBN 13 : 1526525844
Total Pages : 931 pages
Book Rating : 4.5/5 (265 download)
Download or read book Employment Law and Pensions written by David Pollard and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.
Author : David Pollard
Publisher : Bloomsbury Publishing
ISBN 13 : 1526519607
Total Pages : 365 pages
Book Rating : 4.5/5 (265 download)
Download or read book Connected and Associated: Insolvency and Pensions Law written by David Pollard and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
Author : Paul Newman
Publisher : Bloomsbury Publishing
ISBN 13 : 1526522721
Total Pages : 379 pages
Book Rating : 4.5/5 (265 download)
Download or read book A Practitioner’s Guide to Correcting Mistakes in Pension Schemes written by Paul Newman and published by Bloomsbury Publishing. This book was released on 2022-03-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.
Author : David Pollard
Publisher : Bloomsbury Publishing
ISBN 13 : 1526515636
Total Pages : 1214 pages
Book Rating : 4.5/5 (265 download)
Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Richard Nolan
Publisher : Cambridge University Press
ISBN 13 : 1009058835
Total Pages : 343 pages
Book Rating : 4.0/5 (9 download)
Download or read book Trusts and Private Wealth Management written by Richard Nolan and published by Cambridge University Press. This book was released on 2022-12-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).
Author : David Pollard
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511851
Total Pages : 641 pages
Book Rating : 4.5/5 (265 download)
Download or read book Pensions, Contracts and Trusts: Legal Issues on Decision Making written by David Pollard and published by Bloomsbury Publishing. This book was released on 2020-05-10 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Tamar Frankel
Publisher :
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)
Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Author : Paul Newman
Publisher : Bloomsbury Publishing
ISBN 13 : 1526522713
Total Pages : 357 pages
Book Rating : 4.5/5 (265 download)
Download or read book A Practitioner’s Guide to Correcting Mistakes in Pension Schemes written by Paul Newman and published by Bloomsbury Publishing. This book was released on 2022-03-31 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.
Author : Robert F. Hurley
Publisher : John Wiley & Sons
ISBN 13 : 1118131886
Total Pages : 258 pages
Book Rating : 4.1/5 (181 download)
Download or read book The Decision to Trust written by Robert F. Hurley and published by John Wiley & Sons. This book was released on 2011-09-13 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proven model to create high-performing, high-trust organizations Globally, there has been a decline in trust over the past few decades, and only a third of Americans believe they can trust the government, big business, and large institutions. In The Decision to Trust, Robert Hurley explains how this new culture of cynicism and distrust creates many problems, and why it is almost impossible to manage an organization well if its people do not trust one another. High-performing, world-class companies are almost always high-trust environments. Without this elusive, important ingredient, companies cannot attract or retain top talent. In this book, Hurley reveals a new model to measure and repair trust with colleagues managers and employees. Outlines a proven Decision to Trust Model (DTM) of ten factors that establish whether or not one party will trust the other Filled with original examples from Daimler, PriceWaterhouse Coopers, Goldman Sachs, Microsoft, QuikTrip, General Electric, Procter and Gamble, AzKoNobel, Johnson and Johnson, Whole Foods, and Zappos Reveals how leaders in Asia, Europe, and North America have used the DTM to build high-trust organizations Covering trust building in teams, across functions, within organizations and across national cultures, The Decision to Trust shows how any organization can improve trust and the bottom line.
Author : John H. Langbein
Publisher :
ISBN 13 :
Total Pages : 1084 pages
Book Rating : 4.F/5 ( download)
Download or read book Pension and Employee Benefit Law written by John H. Langbein and published by . This book was released on 2000 with total page 1084 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.W/5 ( download)
Download or read book Van Boxel V. Journal Company Employees' Pension Trust written by and published by . This book was released on 1987 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : National Foundation of Health, Welfare and Pension Plans
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.E/5 ( download)
Download or read book Textbook for Welfare, Pension Trustees and Administrators written by National Foundation of Health, Welfare and Pension Plans and published by . This book was released on 1972 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Pollard
Publisher : OUP Oxford
ISBN 13 : 9780199672486
Total Pages : 0 pages
Book Rating : 4.6/5 (724 download)
Download or read book The Law of Pension Trusts written by David Pollard and published by OUP Oxford. This book was released on 2013-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most detailed treatment available of pension trusts law. This book draws together all of the relevant topics providing analysis of the case law and addressing many of the tricky problems which pensions practitioners and academics face.
Author :
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.W/5 ( download)
Download or read book Bishop V. Burgard written by and published by . This book was released on 2001 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
