Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd

[2006] EWHC 1778 (Ch)

For Defendant consultancy in professional negligence action re: equalization of a pension scheme; parties agreed that domestic law permitted retrospective increase in NRD w.e.f. 17 May 1990 to prevent ‘Barber window’ ever opening; preliminary issue as to whether European law precluded such a step; held that Smith v Avdel meant that European law did preclude such a step, but that this decision “unprincipled” & inconsistent with Fisscher v Voorhuis Hengelo, so permission to appeal granted: led by Nicholas Paines QC

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