|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 118 (Oct)|
|Neutral Citation:|| EWHC 2766 (Ch)|
|Representation||Jonathan Gaisman QC, Jonathan Evans and Edward Sawyer (instructed by Nabarro LLP) for the trust company.|
|Andrew Simmonds QC, Paul Newman QC and Joseph Goldsmith (instructed by Dickinson Dees LLP) for the principal employer and the second defendant.|
|Nicolas Stallworthy QC (instructed by DLA Piper LLP) for the third defendant.|
|Judgment Dates:||12 October 2012|
Rectification - Mistake - Trust deed - Pension scheme - Claimant being trustee of pension scheme known as IBM Pension Plan - First defendant being principal employer under scheme - Claimant seeking rectification of deed of amendment (1983 trust deed) which created 'C Plan' and subsequent deeds of amendment - Claimant alleging that mistake made in drafting of 1983 trust deed and relevant rules - Whether intention of trust company and of principal employer in authorising execution of 1983 trust deed and rules that 'C Plan' should provide entitlement for members to retire between ages of 60 and 63 without consent of principal employer or any employer - Whether 1983 trust deed should be rectified.