Description
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)
This title is included in Bloomsbury Professional's Pensions Law online service.
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Book details
- Format:Hardback
- Pages:640 Pages
- Dimensions:252 x 160 x 38 mm
- Publication date:18/05/2020
- Publisher:Bloomsbury Publishing PLC
- ISBN13:9781526511836
Note:
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins.
Note
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins.
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