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

UPDATE: TPR makes 'no surprises' regulatory pledge as it publishes five-year strategy

UPDATE: TPR makes 'no surprises' regulatory pledge as it publishes five-year strategy

Strategy comes alongside corporate plan and roadmap to give trustees a ‘clear line of sight’

Jonathan Stapleton
clock 14 July 2026 • 6 min read
Breaking: DWP publishes updated roadmap for workplace pensions

Breaking: DWP publishes updated roadmap for workplace pensions

Government sets out an updated plan to implement workplace pension reform

Jonathan Stapleton
clock 13 July 2026 • 2 min read
Why pension schemes need to stop reporting climate and start funding it

Why pension schemes need to stop reporting climate and start funding it

Bobby Riddaway says there is no shortage of climate attention but there is a shortage of climate action

Bobby Riddaway
clock 09 July 2026 • 6 min read
Trustpilot