Source: All England Reporter
Publisher Citation: [2015] All ER (D) 50 (Jan)
Neutral Citation: [2014] EWHC 4402 (Ch)
Court: Chancery Division, Birmingham District Registry

HHJ David Cooke

Representation Gerry Facenna and James Bourke for the claimant.
  Nigel Giffin QC (instructed by Stephenson Harwood) for the Board.
Judgment Dates: 23 December 2014


Pension - Pension scheme - Appeal - Approval of valuation of scheme assets and liabilities - Claimant being former employee under pension scheme - Defendant board of Pension Protection Fund (PPF) approving valuation of assets and protected liabilities of scheme - Claimant appealing - Pensions ombudsman dismissing claimant's appeal - Claimant appealing - Preliminary issue arising - Whether European Directive requiring UK to ensure that every individual employee of every scheme receiving minimum of 50% of scheme benefits - Whether Directive having direct effect entitling claimant to such protection - Council Directive (EEC) 80/987, art 8.

The Case

Pension Pension scheme. The Chancery Division, in dismissing the claimant's appeal against a decision of a Pensions Ombudsman, rejected a submission that art8 of Council Directive (EEC) 80-987 (relating to the protection of employees in the event of the insolvency of their employer), required the United Kingdom to ensure that every individual employee of every pension scheme received a minimum of 50% of his scheme benefits. The Directive did not have the direct effect of entitling the claimant to that level of protection, or of requiring the national legislation to be construed to produce that result.

Practice Areas

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