Is 3i v Decesare a further move away from Courage?

Kate Payne and Archana Gupta say a more robust approach may now be more defensible

clock • 5 min read
Kate Payne is a partner and Archana Gupta a senior associate at Arc Pensions Law
Image:

Kate Payne is a partner and Archana Gupta a senior associate at Arc Pensions Law

Since the Courage ruling, nearly 40 years ago, there have been a number of cases that have considered the meaning of specific restrictions in amendment powers.

These include Walker Morris Trustees Ltd v Masterson; IMG Pension Plan HR Trustees Ltd v German; and Briggs and others v Gleeds (Head Office) and others. In Re Courage, the amendment power prohi...

To continue reading this article...

Join Professional Pensions

Become a Professional Pensions Lite Member today

  • Three complimentary articles per month covering the latest real-time news, analysis and opinion from the industry
  • Receive important and breaking news stories via our two daily news alerts
  • Hear from industry experts and other forward-thinking leaders

Are you a trustee, investment consultant or in-house pension and benefit scheme professional? You can apply for full complimentary access here

Join now

 

Already a Professional Pensions
member?

Login

More on Law and Regulation

The full list of pensions ministers since 1998

The full list of pensions ministers since 1998

The full list of the ministers who have been responsible for pensions

PP Staff
clock 23 July 2026 • 1 min read
Transfer changes 'a start, not the finish line', industry says

Transfer changes 'a start, not the finish line', industry says

Clear and practical guidance ‘essential’ to apply the new framework consistently and with confidence

Jonathan Stapleton
clock 22 July 2026 • 4 min read
SPP urges HMRC to amend draft GMP conversion rules

SPP urges HMRC to amend draft GMP conversion rules

Trade body says changes are needed to protect savers from unintended tax charges

Jonathan Stapleton
clock 21 July 2026 • 1 min read
Trustpilot