Source: All England Reporter
Publisher Citation: [2012] All ER (D) 156 (Dec)
Neutral Citation: [2012] EWHC 3640 (Ch)
Court: Chancery Division
Judge:

Henderson J

Representation Michael Furness QC (instructed by Squire Sanders (UK) LLP) for the claimant.
  Jonathan Evans and Emily McKechnie (instructed by Linklaters LLP) for the first defendant.
  Fenner Moeran and Jennifer Seaman (instructed by Eversheds LLP) for the second defendant.
Judgment Dates: 17 December 2012

Catchwords

Pension - Pension scheme - Surplus fund - Court previously holding previous trustee of pension scheme having duty to consider adding share of surplus in respect of deferred member's pension when member leaving service - Claimant trustee seeking determination on outstanding issues - Whether previous trustee having performed duty - Whether specified members receiving benefits.

The Case

Pension Pension scheme. The Chancery Division previously gave judgment finding that the previous trustee of a pension scheme had had a duty to consider adding a share of surplus in respect of a deferred member's pension at the date when the member left service. The trustee of the scheme sought the court's determination on outstanding issues. The court held that the previous trustee had complied with that duty for most of the relevant period and ruled on the date on which a new policy had been implemented.

Practice Areas

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