Source: All England Reporter
Publisher Citation: [2012] All ER (D) 98 (Jun)
Neutral Citation: [2012] EWHC 21626 (Ch)
Court: Chancery Division
Judge:

Sir Andrew Morritt C
Representation Andrew Spink QC and Fenner Moeran (instructed by Pinsent Masons LLP) for the claimant.
  The first defendant appeared in person.
  The second defendant did not appear and was not represented.
  Alan Steinfeld QC, John Stephens and Marika Lemos (instructed by DWF LLP) for the third to fifth defendants.
Judgment Dates: 15 June 2012

Catchwords

Pension - Pension scheme - Maladministration of pension scheme - First and second defendants trustees of pension schemes - Defendants forming plan for 'pensions liberation' implemented through third to fifth defendant companies - Claimant company appointed by court as trustees - Court granting freezing order over schemes - Claimant issuing proceedings for breach of trust by defendants - Third to fifth defendants making application for striking out of proceedings on grounds of no case to answer - Whether arguable case against third to fifth defendants - .

The Case

Pension Pension scheme. The Chancery Division held that an application for summary judgment brought by the third to fifth defendant companies would be dismissed, where the claimant trustee company had an arguable case of breach of trust against those companies.

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