UK Pensions: What’s new this week? February 16, 2026

High Court refuses to strike out Capita litigation 

The High Court has dismissed an application to strike out claims brought by nearly 4,000 claimants following the data breaches related to a cyber-attack on Capita in 2023: Spurgeon & Others v. Capita Plc. The judgment provides insight on process and duties in multi-claimant data breach proceedings in the pensions context.

The claims arose after solicitors recruited individuals that may have been affected by the cyber-attack through their website on a ‘no win no fee’ basis. Potential claimants completed a Data Breach Questionnaire which asked whether they had experienced distress, anxiety or other issues as a consequence of the data breach. Counsel for the claimants then drafted Particulars of Claim, incorporating generic descriptions of the claimants’ alleged distress, which in some cases used very similar language for different claimants, and which were sent to each claimant for approval before service.

Capita argued that the claims were an abuse of process and should be struck out on two principal grounds. First, it argued that the questionnaire should not have used leading questions and that counsel had "put words into the claimants’ mouths" by using language in the Particulars of Claim that went beyond what claimants had actually stated in their questionnaire responses. Capita further argued that the process had "irrevocably tainted" the claimants’ cases, as the claimants would have been affected psychologically with some form of “confirmation bias” such that a fair trial was no longer possible. They also stated that the claimants themselves had joined in the abuse by assenting to a pleading they could not honestly believe to be true.

Master Dagnall did not accept Capita’s arguments. He noted that pleadings are the work of lawyers, not clients— they are drafted by counsel, do not need to be in the client’s own words, and stock phrases can be used in multi-claimant litigation. Witness statements, which should be in witnesses’ own words, would be required at a later stage. He also noted that it was likely that the individuals did believe they had suffered some real damage and that was the reason for them accessing the solicitors’ website in the first place.

Even had there been abuse, the Master held that striking-out would not be the appropriate remedy. Strike-out is “draconian” and a matter of last resort. The Master rejected the confirmation bias argument as "entirely speculative".

This case runs alongside (and refers to, though is not of direct relevance to) the Farley v. Paymaster case, which involves over 400 claims relating to a data protection breach involving annual benefit statements being sent to the wrong addresses. This shows an interesting trend in large-scale data-related cases. We will keep a watching brief on both cases.

Read the decision.

TPR: Updated superfunds guidance

The Pensions Regulator (TPR) has updated its DB superfunds guidance. These updates (i) reflect a change to the discount rate as a result of updated modelling; and (ii) make minor clarificatory changes concerning the impact of the longevity risk reserve and the mortality assumptions for the minimum technical provisions.

Read the updated guidance.

Pensions academy online: Tuesday, March 3 and Thursday, March 5, 2026

Our next Pensions Academy Online sessions will take place on Tuesday, March 3 and Thursday, March 5, 2026. Each webinar begins at 9:30am and will last approximately one hour. We will be covering:

Unlocking the next generation of DB endgame strategies— Tuesday, March 3, 2026

The DB endgame conversation is accelerating, with government and TPR pushing schemes to rethink their long-term destination. But what does this shift really mean in practice? Join us for a practical, insightful session exploring the full spectrum of endgame options—from buy-out and winding up to emerging, innovative approaches. We’ll share real world lessons, including from our experience of advising on the recent, ground-breaking Stagecoach de-risking transaction, to help you navigate what’s possible and what’s coming next for your scheme.

Legal update— Thursday, March 5, 2026

The pensions agenda for 2026 is jam-packed with change. Join us for a clear, practical walkthrough of the latest developments and what’s coming down the track—so you can quickly get to grips with what your scheme needs to focus on to stay compliant, well governed, and ahead of the curve.

If you would like to attend, please register here.