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title: "Pensions Insights: Key legal highlights & new guidance"
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Read the latest from the legal experts at DWF. ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­    ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

| View in browser DWF Pensions Insights - February 2026   In our monthly e-alert, Pensions Insights, we give you our take on the latest highlights in the world of pensions law and policy.   If you have any queries about any of the issues covered, or you require advice on a pensions related matter, please do not hesitate to contact your usual contact or refer to our key contacts below. Sign up now to receive the next edition direct to your inbox Case Law   Brambles Administration Ltd v Harvey [2025] EWHC 2980 (Ch) – High Court dismisses appeal against determination of the Pensions Ombudsman regarding SIPPs   The High Court has upheld a Pensions Ombudsman’s determination relating to three self‑invested personal pension schemes operated by the appellants finding that the Ombudsman was correct in determining that: the schemes were used to facilitate pensions liberation. investments promoted within the schemes were worthless, with no genuine underlying transactions having ever taken place. The trustees and scheme administrator acted dishonestly, breached fiduciary duties, failed to obtain required written investment advice, and invested contrary to statutory investment obligations. The appeal was on the basis of four grounds including jurisdiction and time limits; issues of whether the schemes comprised a single trust or multiple sub‑trusts; alleged errors in the application of the legal test for dishonesty; and whether a scheme member had consented to, or contributed to, losses.   In relation trust structure the central legal issue was whether each pension scheme was a single trust fund held collectively for all members, or comprised multiple sub‑trusts, one for each individual member. This issue determined the scope of the trustees’ liability and the Ombudsman’s power to order reconstitution of the schemes’ assets.   On this particular issue the Pensions Ombudsman had concluded that each scheme was a single trust fund, not a collection of sub‑trusts and that Individual Funds were notional accounting allocations, used only to calculate benefits. This meant that any beneficiary could require trustees to account for and reconstitute the whole fund, even if only some members complained.   The High Court dismissed all four grounds of appeal, confirming that the Ombudsman had acted properly in law and applied the correct legal principles.   Auto-Enrolment compliance issues and appeals   There have been a large number of cases reported recently arising from lack of compliance with auto-enrolment obligations and penalties imposed by The Pensions Regulator for that including both fixed and escalating penalties (which can be levied at daily rate of £50 to £10,000 depending on the number of employees an employer has).   Our upcoming Employment Law Update on 25 March 2026 will include Auto-enrolment under the spotlight  - A concise overview of common auto‑enrolment pitfalls and the implications of non‑compliance for employers. Sign up here.   New Law   The Guaranteed Minimum Pensions Increase Order 2026 – in force 6th April 2026   This Order makes provision for the annual increase of the part of guaranteed minimum pensions attributable to earnings factors for the tax years 1988–89 to 1996–97. This Order specifies the percentage for the annual increase as 3 per cent.   Pension Schemes Bill 2025   The House of Lords Committee stage resumed on 23 February 2026.   News   PASA publishes Guidance on managing administration through Buy-In and Superfund transitions   PASA published guidance which aims to support trustees, administrators and advisers navigating the operational realities of Buy-in and Superfund transactions.   Produced by PASA’s De-Risking Journey Management Working Group, the Guidance is stated to challenge the common misconception scheme administration ‘stops’ once a Buy-in is completed and highlights the critical role administration plays before, during and after transition in ensuring smooth delivery, regulatory compliance and positive member outcomes.   The guidance focuses on the areas where schemes most often encounter friction including data integrity, rule alignment, member communication, deferred member complexity, risk management and resourcing and provides practical actions to help schemes plan early, avoid delays and maintain confidence throughout the de-risking journey.   FRC issues guidance to support actuaries dealing with historic amendments to pension rules   The Financial Reporting Council (FRC) has issued guidance aimed to help pension scheme actuaries provide retrospective confirmation to validate historic changes to pension scheme rules arising from the Virgin Media case.   This is intended to give actuaries a practical framework to support the application of their judgment and strengthen confidence that historic changes made to UK pension schemes have complied with legal requirements and provides practical, guidance, including examples illustrating how to apply a proportionate approach in collecting information and forming judgements when historic records are incomplete.   The guidance has been developed with input from the Institute and Faculty of Actuaries and the Association of Consulting Actuaries.   The FRC state that to give actuaries sufficient time to prepare, the guidance has been published ahead of the Royal Assent, warning that the guidance may be updated as the Pension Schemes Bill progresses through Parliament. Colin Greig   Partner   Get in touch June Crombie   Partner   Get in touch Marcus Fink   Partner   Get in touch Liz Ramsaran   Partner   Get in touch Update preferences Unsubscribe Only access by the addressee is authorised. Any liability (in negligence, contract or otherwise) arising from any third party taking any action, or refraining from taking any action on the basis of any of the information contained in this e-mail is hereby excluded. In the event that you are not the addressee, please notify the sender immediately. Do not discuss, disclose the contents to any person, or store or copy the information in any medium or use it for any purpose whatsoever. Copyright in this e-mail (and any attachments created by DWF Law LLP, belongs to DWF Law LLP which asserts the right to be identified as such and hereby objects to any misuse thereof. 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