Source: All England Reporter
Publisher Citation: [2006] All ER (D) 16 (Apr)
Court: Chancery Division

Lindsay J

Representation Araba Taylor (instructed by Vanderpump & Sykes) for the claimant.
  Michael Tennet (instructed by Pinsent Mansons) for the trustee.
Judgment Dates: 3 April 2006


Pension - Pension scheme - Company pension scheme - Death of member - Payment of lump sum death benefit - Member failing to nominate beneficiary - Defendant trustee exercising discretion under pension plan to distribute benefit - Claimant beneficiary challenging award made - Whether trustee properly exercising discretion - Whether ombudsman erring in law.

The Case

It was for the trustee to exercise its discretion as to how a member's lump sum death benefit was to be distributed. That decision could only be interfered with if the trustee had taken into account irrelevant or improper factors or no body of trustees properly advised could have reached such a decision.

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