Source: All England Reporter
Publisher Citation: [2005] All ER (D) 170 (Apr)
Court: Chancery Division

Lewison J

Representation Fenner Moeran (instructed by SJ Berwin) for the claimants.
  Caroline Furze (instructed by DMH Stallard) for the defendant.
Judgment Dates: 14 April 2005


Pensions - Occupational pension schemes - Deficiencies in the assets - Defendant employer withdrawing from multi-employer scheme - Valuation, certification and apportionment of debts due - Defendant challenging certificate and apportionment - Consideration of evidence.

The Case

In the instant case, the defendant had not established a basis upon which the actuary's certificate or the apportionment of the debt due to the pension scheme's trustees could be challenged, and, accordingly, the claimants were entitled to summary judgment in their favour.

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