ITV PLC and others v The Pensions Regulator with Box Clever Trustees Ltd as an Interested Party: [2018] UKUT 0164 (TCC)
Upper Tribunal Tax and Chancery decision of Mrs Justice Rose, Judge Herrington and Member Abrams on 18 May 2018.
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.PENSIONS REGULATOR – Financial support direction – pension scheme of joint venture company insufficiently resourced – jurisdiction – whether Targets connected with or an associate of the employer at the relevant time – yes – whether the legislation can be applied to events all of which occurred before legislation came into force – yes – whether different treatment by Regulator of Targets to co-joint venturer lawful- yes- whether presence of moral hazard necessary – no – whether reasonable to impose financial support direction on the Targets – yes – Pensions Act 2004 ss 43, 100 & 103 – references dismissed.