David Grant and James Rickards appear in summary judgment rectification case
On Thursday 8 November 2012, Mr Justice Briggs gave judgment in the case of Misys Ltd v Misys Retirement Benefit Trustees Ltd. The Principal Employer applied for rectification of certain provisions relating to the revaluation of pensions in payment that had been erroneously recorded in the Scheme following a merger in 1997.
Given the weight of the evidence the Principal Employer applied for summary judgment that was eventually not opposed by the representative beneficiary (although unusually defences were filed).
The Court considered the recent cases regarding the law of rectification in IBM Holdings  EWHC 2766 (Ch) and Industrial Acoustics and Crowhurst  EWHC 1614 (Ch) (in the latter of which both David and James appeared).
Having considered the evidence Briggs J granted the application.
Members of Chambers have appeared in key rectification cases including IBM, Industrial Acoustics, Volvo Group UK Ltd v Wheeler & Ors (IBM30115) and Pioneer GB Ltd v Webb & Ors  EWHC 2683 (Ch).
Barristers: David E Grant