Source: All England Reporter
Publisher Citation: [2012] All ER (D) 145 (Jul)
Neutral Citation: [2012] UKPC 25
Court: Privy Council

Lady Hale, Lord Mance, Lord Wilson, Lord Sumption and Lord Carnwath

Representation R Henriques QC and Daniella Gentles (instructed by MA Law (Solicitors) LLP) for the claimants.
  Tiffany Scott (instructed by Myers, Fletcher & Gordon) for the defendant.
Judgment Dates: 12 July 2012


Agent - Authority - Ostensible authority - Authority of company to act on behalf of employee's pension plan - Claimant trustees operating under trust deed for employee's pension plan - Transfer to pension plan requiring approval of trustees - Defendant requesting transfer of funds to plan from former employer - Employer acting in transfer of defendant's funds to pension plan - Claimants unaware of transfer - Claimants seeking declaration of entitlement to treat transfer as unapproved - Appellate court upholding judge's finding employer having ostensible authority - Appellate court overruling judge's finding lack of detrimental effect on defendant by employer's acknowledgment of transfer - Claimants appealing - Whether claimants estopped by actions of employer - Whether defendant suffering detrimental effect of employer's acknowledgment of transfer of funds.

The Case

Agent Authority. The Privy Council upheld a finding that, although the claimant trustees of a company pension plan had not authorised the transfer of funds into the plan by the defendant, the transfer had been binding by the acts of the company which had been an agent with delegated administrative functions of the plan.

Practice Areas

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