Talking Law with Hogan Lovells Cadwalader

HLC PensionsPod | Episode 32 | Overpayments

27 min · 8. juli 2026
episode HLC PensionsPod | Episode 32 | Overpayments cover

Description

In this episode of HLC PensionsPod, associate Kal Tsang is joined by senior associate Jim Davis to explore the topic of overpayments in pension schemes. They discuss the different types of overpayments, the options available to trustees when errors are identified, and the key legal defences members may raise – including estoppel, change of position, and laches. Drawing on the Pensions Ombudsman's 2025 factsheet and a series of recent determinations, they examine how these defences have been applied in practice and what distinguishes successful claims from unsuccessful ones. The episode concludes with practical takeaways for trustees on communicating with members, assessing defences at the internal dispute resolution stage and reducing the likelihood of complaints escalating to the Ombudsman.   To listen to more episodes of HLC PensionsPod, click here: HLC UK PensionsPod: all episodes [https://www.hlc.com/en/publications/the-hl-pensionspod]   To listen to episodes of our other podcast series, HLC Pensions NewsBeat, click here: HLC UK Pensions NewsBeat: all episodes [https://www.hlc.com/en/publications/hl-pensions-newsbeat-all-episodes]   Follow us on LinkedIn here: https://www.linkedin.com/showcase/101861071/feed/posts/ [https://www.linkedin.com/showcase/101861071/feed/posts/]

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episode HLC PensionsPod | Episode 32 | Overpayments artwork

HLC PensionsPod | Episode 32 | Overpayments

In this episode of HLC PensionsPod, associate Kal Tsang is joined by senior associate Jim Davis to explore the topic of overpayments in pension schemes. They discuss the different types of overpayments, the options available to trustees when errors are identified, and the key legal defences members may raise – including estoppel, change of position, and laches. Drawing on the Pensions Ombudsman's 2025 factsheet and a series of recent determinations, they examine how these defences have been applied in practice and what distinguishes successful claims from unsuccessful ones. The episode concludes with practical takeaways for trustees on communicating with members, assessing defences at the internal dispute resolution stage and reducing the likelihood of complaints escalating to the Ombudsman.   To listen to more episodes of HLC PensionsPod, click here: HLC UK PensionsPod: all episodes [https://www.hlc.com/en/publications/the-hl-pensionspod]   To listen to episodes of our other podcast series, HLC Pensions NewsBeat, click here: HLC UK Pensions NewsBeat: all episodes [https://www.hlc.com/en/publications/hl-pensions-newsbeat-all-episodes]   Follow us on LinkedIn here: https://www.linkedin.com/showcase/101861071/feed/posts/ [https://www.linkedin.com/showcase/101861071/feed/posts/]

8. juli 202627 min
episode HLC Pensions NewsBeat | Episode 65 artwork

HLC Pensions NewsBeat | Episode 65

In this episode of HLC Pensions NewsBeat, Hogan Lovells Cadwalader Pensions partner Claire Southern gives a recap of the last two weeks in the world of pensions. In this episode: the FCA consults on new rules to improve standards in SIPPs; the gilt market’s reaction to Starmer’s resignation has been ‘relatively muted’; deferred member engagement rises up trustee agenda; DC pension pots could rise under megafund reforms; DB scheme trustees yet to assess the impact of health innovations on future liabilities; and trustees warn DB pension surplus release pressure could conflict with fiduciary duty.   To listen to more episodes of HLC Pensions Newsbeat, click here: HL Pensions NewsBeat: all episodes [https://www.hoganlovells.com/en/publications/hl-pensions-newsbeat-all-episodes]   To listen to episodes of our other podcast series, HLC PensionsPod, click here: HL PensionsPod: all episodes [https://www.hoganlovells.com/en/publications/the-hl-pensionspod]   Follow us on LinkedIn here: https://www.linkedin.com/showcase/101861071/feed/posts/ [https://www.linkedin.com/showcase/101861071/feed/posts/]

6. juli 20266 min