Sackers comments on overpayment recovery issue
Peter Murphy, partner and head of pensions & investment litigation, comments on the recent High Court ruling regarding the recovery of overpayments for Chief Investment Officer magazine.
The ruling in Burgess and others v BIC UK, states that no statutory limitation period applies to overpayments, a decision which differs to that of Webber v Department of Education, but does not overrule it.
Murphy says that this decision, “puts trustees and other[s] dealing with the recoupment of overpayments in a pretty unsatisfactory situation where there is now no definitive statement of the legal position,” and explains that trustees will now be watching with interest for decisions of the Pensions Ombudsman, any further High Court rulings or ultimately, a definitive ruling from the Court of Appeal.
Read the full comment and article online