Publication
Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
United Kingdom | Publication | January 2024
Following the recent decision of the Court of Appeal in The Pensions Ombudsman v CMG Pension Trustees Ltd & Anor, the Ombudsman stated that it was “disappointed ” that the Court had decided the Ombudsman was not a “competent court” for the purposes of concluding overpayment disputes where recoupment is sought.
On December 20, 2023, the Ombudsman reported on its website that in response to the ruling, the DWP is supporting legislative changes that would formally empower the Ombudsman to bring an outstanding overpayment dispute to an end without the need for a County Court order.
The Ombudsman has created an updated factsheet providing guidance on how overpayment disputes should be managed. In practice it is hoped that this additional step should not prove unduly burdensome, as the role of the County Court here is only to enforce the Ombudsman’s Determination, and not to reconsider the merits of the complaint.
Publication
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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