Disputes Definition

GLOSSARY

What does Disputes mean?

There is a tPR code of practice on dispute management and regulation.

View the related checklists about Disputes

Basic scheme information from 6 April 2014—checklist

Basic scheme information from 6 April 2014—checklist THIS CHECKLIST APPLIES TO OCCUPATIONAL PENSION SCHEMES ON AND FROM 6 APRIL 2014 For information on the requirement to provide basic scheme information before 6 April 2014, see Practice Note: Occupational pension schemes—disclosure requirements before 6 April 2014—Basic scheme information (ARCHIVED) and Checklist: Basic scheme information before 6 April 2014—checklist [Archived]. Basic scheme information requirement Under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734 (the 2013 Disclosure Regulations), trustees of occupational pension schemes must provide basic scheme information to: • prospective members, and • members who have not already received such information within one month of the scheme receiving their jobholder information or, if no such information has been received, within two months of them joining the scheme. Basic scheme information must also be given at the request of any of the following persons: • a member or prospective member • their spouse or civil partner • a scheme beneficiary, or • a recognised trade union (ie a...

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note: Property key future developments tracker. This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, for qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including serving a section 13 notice of claim, considering the landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop (or taking steps in the event of the landlord’s failure to serve a counter-notice), and deadlines for an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal in Wales (LVT)) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract...

Internal dispute resolution procedure—what is involved?

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThe legal framework for an occupational pension scheme’s internal dispute resolution procedure (IDRP) is set out in:•sections 50, 50A and 50B of the Pensions Act 1995 (PA 1995), and•the Occupational Pension Schemes (Internal Dispute Resolution Procedure Consequential and Miscellaneous Amendments) Regulations 2008, SI 2008/649The Pensions Regulator’s General Code of Practice also includes a section on dispute resolution procedures.Scope of IDRPPension scheme trustees have a duty to establish, run and manage a scheme’s IDRP. The IDRP enables scheme members, or those with an interest in the scheme, to challenge decisions, acts or omissions relating to their scheme benefits or the pension scheme.Individuals considered to have an interest in the pension scheme include those who have ceased, or claim to have ceased, to be a member or beneficiary of the scheme, or a prospective scheme member. This includes widows, widowers and surviving dependants.Complaints relating to the employer are outside the scope of the IDRP process. Scheme members and those with an interest in...

Pension disputes—avenues available to scheme members

STOP PRESS: On 28 March 2024, the Pensions Regulator (TPR)’s new General Code of Practice came into force, through the Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024, SI 2024/431. The General Code merges and updates ten of TPR’s existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say this new format will make it easier for governing bodies to find TPR’s expectations and certify whether they meet them. The ten codes of practice affected are those relating to reporting breaches of the law, early leavers, late payment of contributions, trustee knowledge and understanding, MNTs/MNDs, internal controls, dispute resolution—reasonable periods, DC governance and public sector governance.Among other things, the General Code of Practice includes a module on trustee remuneration and sets out TPR's expectations on administration and maintaining an effective system of governance (ESOG), as required by the Occupational Pension Schemes (Governance) (Amendment) Regulations 2018, SI 2018/1103 (which implement IORP II). Scheme governing bodies will be expected to...

Discover our 3362 Practice Notes on Disputes

Property due diligence questionnaire for share or asset purchases

Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 1.1 Please provide details of all properties owned, occupied or used [by any Group Company OR in connection with the Business] (the Properties), including whether freehold or leasehold. 1.2 In respect of the Properties, please provide the following information: 1.2.1 full address; 1.2.2 approximate size of site and total size of buildings; 1.2.3 legal owner; ...

Ireland—Simple mediation clause

Ireland—Simple mediation clause Nature of the clause This Precedent is a short-form clause for use in a business-to-business (B2B) commercial contract providing for mandatory mediation in the event of a dispute arising out of the agreement. This Precedent clause provides that the parties will seek to settle the dispute. Unlike litigation and arbitration clauses, the purpose of this clause is for the parties to seek to resolve the matter with the assistance of a mediator, but without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which a third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. Mediation is a non-binding dispute resolution process, ie any agreement reached in mediation will only be binding on the parties if they enter into a settlement agreement. Mediation allows the parties a high degree of control compared with litigation and provides a collaborative process for dispute resolution. Further advantages of...

Dive into our 1072 Precedents related to Disputes

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market?

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...

See the 2552 Q&As about Disputes

ICSID announces internship opportunities for students in graduate degree programmes

The International Centre for Settlement of Investment Disputes (ICSID) has announced their internship opportunities for students that are currently enrolled in a graduate degree programme. The internship is tailored for students passionate about international investment dispute settlement and law, it provides a unique opportunity for students to gain in-depth knowledge of ICSID's work, boost their academic and career goals, and contribute innovative ideas and research expertise to advance ICSID's mission. ICSID offers a maximum of six internships every four months, for a minimum period of 12 weeks and a minimum of ten hours of work per week. The deadlines are 30 June for the September-December Internship period, 31 October for the January-April Internship period and 15 February for the May-August Internship period.

Clarification of lease/licence distinction for code agreements (AP Wireless v On Tower)

Property Disputes analysis: The Tribunal held on review of two telecoms agreements that an agreement with no term certain was a licence even with exclusive possession and rent forming part of the agreement. Here the licence was granted for a minimum of ten years and continued thereafter on a non-periodic basis. A licence will need to follow the telecoms code for renewal or termination rather than a lease still governed by the Landlord and Tenant Act 1954 (LTA 1954) which the Tribunal held was the case for the second agreement. The lease was for 20 years with exclusive possession and requiring rent to be paid by the operator. Written by Katie Briggs, senior associate in Property Litigation at Browne Jacobson LLP.

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