Source: All England Reporter
Publisher Citation: [2009] All ER (D) 251 (Jul)
Neutral Citation: [2009] EWCA Civ 793
Court: Court of Appeal, Civil Division

Lord Neuberger of Abbotsbury, Stanley Burnton and Aikens LJJ

Representation Andrew Simmonds QC (instructed by CMS Cameron McKenna LLP) for the trustee.
  Michael Furness QC (instructed by DLA Piper UK LLP) for the company.
  Christopher Nugee QC (instructed by the Solicitor, Department for Work and Pensions) for the Secretary of State.
Judgment Dates: 23 July 2009


Pension - Pension scheme - Company pension scheme - Dissolution of scheme - Claimant trustee seeking to maximise debt recoverable from defendant company - Trustee entering into preliminary buy-out contract to realise objective - Company disputing intended effect of proposed buy-out - Whether trustee could lawfully enter into the buy-out arrangement - Whether buy-out would realise objective - ss 19, 81 - .

The Case

Pension Pension scheme. Court of Appeal, Civil Division: The company's objections to the trustee's proposed arrangement, whereby the debt owed by the company under s75 of the would be maximised, were not well founded as, if properly implemented, the arrangement would achieve the end desired by the trustee.

Practice Areas

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