Source: All England Reporter
Publisher Citation: [2002] All ER (D) 183 (Oct)
Neutral Citation: [2002] EWCA Civ 1405
Court: Court of Appeal, Civil Division

Lord Phillips MR, Chadwick and Keene LJJ

Representation Christopher Nugee QC and Caroline Furze (instructed by CMS Cameron McKenna) for the claimants.
  Nicholas Paines QC and Kassie Smith (instructed by The Office of the Pensions Ombudsman) for the defendant.
Judgment Dates: 14 October 2002


Pensions - Pensions Ombudsman - Determination - Jurisdiction - Legality of Ombudsman's determination - Ombudsman entitled to hear complaints against 'administrators' of pension schemes - Meaning of 'administration' - Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996, reg 1(2).

The Case

Regulation1(2) of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (the regulations) stated that an administrator was 'concerned with the administration of a scheme.' There was an important distinction between doing an administrative act in connection with a pension scheme and being concerned with its administration. In the instant case, an insurance company which did no more than administer its own assets and calculate the amount which it was liable to pay under a policy which it had issued was no more concerned with the administration of the scheme than others who had contracted to make payments to the trustees, or the scheme beneficiaries, on request or demand. Accordingly, it was not an administrator for the purposes of the regulations.

Practice Areas

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