Rethinking Pension Sharing in Needs Cases – Luke Nelson writes for the Financial Remedies Journal
18th March 2026
Luke Nelson, 3PB Barristers' (3 Paper Buildings) financial remedies and TOLATA specialist and Private FDR evaluator, has written an article for the spring edition of the Financial Remedies Journal.
Titled ‘Needs Must as the Devil Drives: An Analysis of Pension Sharing in Needs Cases’, the article analyses the Pension Advisory Group reports (both first and second edition) as well as the leading HHJ Hess judgments.
It considers how the court approaches pension sharing in needs-based cases and argues that practitioners should avoid slavishly following convention. Instead, careful attention must be given to the application of the s.25 factors in each individual case when pension sharing is considered.
To read the full article, please click here.
To contact or instruct Luke, please email Sarah Jenking on [email protected] or call 0330 441 7574.
Related News
-
3PB Barristers are delighted to announce the re-appointment of Michelle Marnham (pictured here, left) as head of its PI and Clinical Negligence teams. Michelle, who was first elected in 2021, will continue to be supported by Sharan Sanghera (pictured here, right) who continues as Deputy Head of the teams, a role she has held since 2022. 3PB now boasts 40 personal injury barristers and 31 clinical negligence barristers. Both 3PB’s PI and clinical negligence teams...
Continue reading -
3PB Barristers (3 Paper Buildings) specialist Property, Chancery and Matrimonial Finance Barrister Rachel Bale appears as guest on ‘Get Legally Speaking’ podcast discussing Cohabitation and TOLATA issues. Hosted by Hatti Suvari, in this episode Rachel gives some no-nonsense, jargon-free advice about what one can expect when involved in a cohabitation dispute, as well as tips to avoid common mistakes. Rachel and Hatti explore how courts decide property ownership, what evidence matters and how you can...
Continue reading -
3PB's new associate member Emma McIlveen, an employment and discrimination and public law specialist, has published her latest monthly newsletter with over 30 reports about employment disputes in Northern Ireland (NI), Ireland and England and Wales. This month's newsletter includes: Parental Leave in NI being extended to cover miscarriage. New Court of Appeal ruling gives guidance on formulating grounds of appeal in all NI courts. Ruling that no TUPE transfer of clinical commissioning group as...
Continue reading -
On 20 January 2026, 3PB's Mathew Gullick KC and Matthew Cannings (pictured here, left to right) appeared before the Court of Appeal in R (on the application of Luton Landlords & Letting Agents Ltd) v Luton Borough Council, a dispute over the introduction of property licensing schemes in Luton. In the High Court, Mrs Justice Heather Williams determined that the Appellant company did not have standing to bring the claim under section 31(3) of the...
Continue reading
