Raquel Agnello KC writes for Butterworths Journal of International Banking and Financial Law.
20th April 2023
Erskine Chambers is delighted to share the article What is the effect on a transaction if the Pensions Regulator brings successful proceedings under the Pension Schemes Act 2021? written by Raquel Agnello KC. The article first appeared in the March issue of Butterworths Journal of International Banking and Financial Law.
The Pensions Regulator obtained sweeping new powers under the Pension Schemes Act 2021, including criminal and civil sanctions. This article explores the effect of successful proceedings under these new powers on underlying transactions. Will a financial restructuring be unravelled? What about a share sale agreement ? What happens to rights and entitlements obtained by third parties under the transaction being targeted by the Regulator? This articles explores principles of illegality and public policy as well as seeking to answer the issues raised.
To read the full article, please click here.