Case law update: Wytch (PO — 528) — Pensions Ombudsman rules on overpayments recovery
The Pensions Ombudsman has determined that where a pension scheme member, as a result of a pension overpayment has lived ‘a somewhat improved and more generous lifestyle’ than they otherwise would have lived, this can used as a defence of change of position to a claim for recovery of the overpayment by the scheme…
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When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
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Analysis from The Lawyer
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