Source: All England Reporter
Publisher Citation: [2009] All ER (D) 82 (Jul)
Neutral Citation: [2009] EWCA Civ 651
Court: Court of Appeal, Civil Division
Judge:

Arden, Lloyd LJJ and Richards J
Representation Brian Green QC and Jonathan Hilliard (instructed by Freshfields Bruckhaus Deringer) for the claimant.
  Andrew Simmonds QC (instructed by Clifford Chance LLP) for the first to eighth defendants.
  Andrew Spink QC and Keith Bryant (instructed by Bond Pearce LLP) appeared on behalf of the ninth defendant.
Judgment Dates: 8 July 2009

Catchwords

Pension - Pension scheme - Company pension scheme - Claimant principal employer under occupational pension scheme - Claimant equalising pension scheme following European Court of Justice authority in respect of sexual discrimination - Scheme in deficit - Claimant issuing Pt 8 proceedings - Whether members estopped from claiming an entitlement based on normal retirement date of 60 - Whether members entitled to pension benefits at 60 without reduction for early receipt.

The Case

Pension Pension scheme. Court of Appeal, Civil Division: In proceedings relating to an occupational pension scheme the court ruled, inter alia, that members of a pension scheme with mixed normal retirement dates (NRD) who decided to retire on their 60 birthday, would be entitled to a pension in respect of the benefits accrued by reference to an NRD of 60.

Practice Areas

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