The Trustees of The Lehman Brothers Pension Scheme and The Pensions Regulator and LB RE Financing No 1 Ltd and 36 Others: FS/2010/0029-31

Upper Tribunal Tax & Chancery decision of Judge Bishopp and Judge Herrington on 14 June 2012.

Read the full decision in The Trustees of The Lehman Brothers Pension Scheme and The Pensions Regulator and LB RE Financing No 1 Ltd and 36 Others.

PENSIONS REGULATOR – Financial support direction - jurisdiction of the Tribunal – Whether Scheme Trustees are directly affected and able to make a reference – Yes – Whether determination not to include company associated with the employer within the scope of a financial support direction capable of forming the subject matter of a reference to the Tribunal – Yes – Whether Tribunal has jurisdiction to direct Regulator to issue a financial support direction notwithstanding the expiration of time for the Regulator to make such direction – Yes – Pensions Act 2004 Sections 43, 96, and 103.

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