Source: All England Reporter
Publisher Citation: [2001] All ER (D) 299 (Feb)
Court: Chancery Division

Rimer J

Representation Jonathan Sumption QC and Laurence Rabinowitz (instructed by Slaughter & May) for the employer.
  Nicholas Warren QC (instructed by Rowe & Maw) for the trustee.
  Brian Langstaff QC and Sean Jones (instructed by John Yolland) for the Pensions Ombudsman.
  The complainant did not appear and was not represented.
Judgment Dates: 23 February 2001


Pension - Pension scheme - Jurisdiction of Pensions Ombudsman - Claimant raising issue of principle - Ombudsman deciding issue of principle affecting other scheme members - Whether ombudsman should have declined jurisdiction.

The Case

The court held that the Pensions Ombudsman should have declined to exercise his jurisdiction when he decided an issue and gave a generalised direction relating to guaranteed minimum pensions and the equal treatment rule which affected other scheme members and not merely the complainant.

Practice Areas

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