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Talking Law with Hogan Lovells Cadwalader · July 8 · 27 min

HLC PensionsPod | Episode 32 | Overpayments

In this episode of HLC PensionsPod, associate Kal Tsang is joined by senior associate Jim Davis to explore the topic of overpayments in pension schemes. They discuss the different types of overpayments, the options available to trustees when errors are identified, and the key legal defences members may raise – including estoppel, change of position, and laches. Drawing on the Pensions Ombudsman's 2025 factsheet and a series of recent determinations, they examine how these defences have been applied in practice and what distinguishes successful claims from unsuccessful ones. The episode concludes with practical takeaways for trustees on communicating with members, assessing defences at the internal dispute resolution stage and reducing the likelihood of complaints escalating to the Ombudsman. To listen to more episodes of HLC PensionsPod, click here: HLC UK PensionsPod: all episodes To listen to episodes of our other podcast series, HLC Pensions NewsBeat, click here: HLC UK Pensions NewsBeat: all episodes Follow us on LinkedIn here: https://www.linkedin.com/showcase/101861071/feed/posts/

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show notes

In this episode of HLC PensionsPod, associate Kal Tsang is joined by senior associate Jim Davis to explore the topic of overpayments in pension schemes. They discuss the different types of overpayments, the options available to trustees when errors are identified, and the key legal defences members may raise – including estoppel, change of position, and laches. Drawing on the Pensions Ombudsman's 2025 factsheet and a series of recent determinations, they examine how these defences have been applied in practice and what distinguishes successful claims from unsuccessful ones. The episode concludes with practical takeaways for trustees on communicating with members, assessing defences at the internal dispute resolution stage and reducing the likelihood of complaints escalating to the Ombudsman.

 

To listen to more episodes of HLC PensionsPod, click here: HLC UK PensionsPod: all episodes

 

To listen to episodes of our other podcast series, HLC Pensions NewsBeat, click here: HLC UK Pensions NewsBeat: all episodes

 

Follow us on LinkedIn here: https://www.linkedin.com/showcase/101861071/feed/posts/

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