Pensions: Law, Policy and Practice

by Sinéad Agnew (Editor), Paul S Davies (Editor), Charles Mitchell (Editor)

Overview

State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.

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

Product Details

ISBN-13:	9781509922710
Publisher:	Bloomsbury Publishing
Publication date:	08/20/2020
Sold by:	Barnes & Noble
Format:	eBook
Pages:	416
File size:	690 KB

About the Author

Sinéad Agnew is Lecturer in Property Law, Paul S Davies is Professor of Commercial Law and Charles Mitchell is Professor of Law, all at University College London.
Sinéad Agnew is Catherine Seville Associate Professor of Law at the University of Cambridge and a Fellow of Newnham College, UK.
Paul S Davies is Professor of Commercial Law at UCL and a Barrister at Essex Court Chambers. He was previously a Fellow of Gonville and Caius College, Cambridge and St Catherine's College, Oxford. Paul has also worked at the Law Commission. He is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, JC Smith's The Law of Contract (3rd ed, OUP, 2021), and a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)). Paul is also an editor of both Chitty on Contracts and Snell's Equity. In 2020 Paul was awarded a Philip Leverhulme Prize in Law.

Photo courtesy of Faculty of Law, University of Oxford.
Charles Mitchell is Professor of Law at University College London, UK.

Table of Contents

1. Trusts as Pension Pots: A Legal-Historical Perspective, c 1800–1925
Sinéad Agnew
2. UK Collective Defined Contribution: Is it 'Dutch-Style' Collective Defined Contribution?
Sandeep Maudgil and Hans Van Meerten
3. The Employer Covenant: Status in Law and Operation in Practice
Paul Brice
4. Interpretation of Pension Trusts: Applying the General Rules?
David Pollard
5. Rectification and Pensions
Paul S Davies
6. The Pension Fund as a 'Virtual' Institution
M Scott Donald
7. Legal Consequences of the Flawed Exercise of Scheme Powers
Jessica Hudson and Charles Mitchell
8. Expertise in Pension Trusteeship
Deborah Mabbett
9. Pension Scheme Decision-Making Influencers
Charles Cameron
10. The Social Role of Occupational Pension Schemes
James Kolaczkowski
11. Public Law Perspectives on the IBM Case
Philip Sales
12. Pensions Law, IBM v Dalgleish and the Public/Private Divide
Alan Bogg and Mark Freedland
13. The Improper Purpose Rule: An Employer's Tool to Control Pension Trustees in Need of Reappraisal
Dan Schaffer
14. Pensions and the Modern Workforce
Alysia Blackham
15. The Courts, Non-Discrimination and Systemic Change in UK Public Sector Pension Schemes
Lydia Seymour
16. Cutting Pension Rights for Public Workers in the United States: Don't Look to the Courts for Help
Ronald H Rosenberg
17. Till Pensions Do Us Part: The Pension Advisory Group and the Search for Consensus on Divorce
Hilary Woodward and Rhys Taylor
18. 'Pension Freedoms', Social Care and Inheritance
Brian Sloan

Editorial Reviews

A fascinating read … the book's main strengths are in bringing together a diverse range of academics, legal practitioners and legal scholars to provide an enlightening and thought-provoking collection of chapters discussing pensions policy, law and practice. Drawing on a range of policy and practice examples, it provides a detailed account of complex debates and legal considerations in relation to pensions, showing the challenges of competing demands on the various roles and responsibilities of different parties and interest groups in the field. It is a well written and informative text.” —Liam Foster, University of Sheffield, Jourbanal of Social Security Law

From the Publisher