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ARTICLE · 07 NOVEMBER 2025

Pensions Disputes Quarterly - October 2025

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Here is the latest edition of the Pensions Disputes Quarterly, in which we summarise the key pensions cases from the last 3 months, as well as some non-pensions cases that impact on how disputes are handled.

United KingdomEmployment and HR

Virgin Media: remediation measures published

Government amendments to the Pension Schemes Bill included measures to address issues arising from the Virgin Media case (clauses 100-107).

Trustees will in principle be able to remediate amendments which might otherwise be void for lack of actuarial confirmation, by obtaining confirmation on a retrospective basis.

For an amendment to be remediated, the scheme actuary will need to confirm in writing that, in their opinion, "it is reasonable to conclude that [the amendment] would not have prevented the scheme from continuing to satisfy the statutory standard".

In some limited circumstances, amendments will be excluded from remediation. The exclusions may be relevant where legal proceedings as to validity are already underway, or where trustees have taken "positive action" on the basis that an amendment was void.

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