Source: All England Reporter
Publisher Citation: [2014] All ER (D) 187 (Jan)
Neutral Citation: [2014] EWHC 20 (Ch)
Court: Chancery Division, Companies Court

Mr Andrew Spink QC (Sitting as a Deputy Judge of the Chancery Division)

Representation Nigel Griffin QC (instructed by Clyde & Co LLP) for the board.
  Javan Herberg QC (instructed by Norton Rose Fulbright LLP) for the trustees.
  Jonathan Evans (instructed via direct access) for the ombudsman.
Judgment Dates: 23 January 2014


Ombudsman - Pensions - Error of law - Deputy Pension Protection Fund Ombudsman determining reference made by defendant trustees of retirements benefit scheme - Matter in issue being calculation of pension protection levy applicable to scheme - Ombudsman finding levy calculation undertaken incorrectly and remitting matter to claimant board of pension protection fund - Board appealing - Whether ombudsman erring - Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman Regulations, .

The Case

Ombudsman Pensions. The Companies Court considered an appeal against the decision of the Deputy Pension Protection Fund Ombudsman, concerning the calculation by the claimant Board of the Pension Protection Fund of the amount of the pension protection levy applicable to a pension scheme for the year 2010-2011. The court held that the appeal would be allowed since, among other things, the ombudsman had erred in law.

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