McLarry and another v Pensions Regulator

Pension – Trustees. It was well-established in the Upper Tribunal (Tax and Chancery Chamber)(the tribunal) in references relating to decisions by the Financial Conduct Authority to prohibit persons from working in the financial services industry on the grounds that they were not fit and proper that the civil standard of proof should be applied. There was no reason to take a different approach in relation to cases heard in the tribunal relating to the Pensions Regulator's Decisions in respect of pensions cases. The tribunal so held in proceedings concerning references made to it regarding decisions by the Regulator which had prohibited the applicants from acting as trustees of trust schemes pursuant to s 3 of the Pensions Act 1995.

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