Permission to appeal Pensions Judgment granted in relation to the Merchant Navy Ratings Pension Fund
P&O, represented by Andrew Spink QC and Richard Hitchcock, has been granted permission by Mr Justice Briggs to appeal his decision in Stena Line Limited v (1) Merchant Navy Ratings Pension Fund Trustees Limited and (2) P&O Ferries Limited [2010] EWHC 1805 (Ch). In his judgment, the Judge rejected P&O's argument that any amendment to the Scheme Rules to introduce the power to demand contributions from Specified Employers (including P&O) would have to be accompanied by a reintroduction of Old Rule 31.0(ii) but granted permission to appeal. Andrew Spink QC and Richard Hitchcock were instructed by CMS Cameron McKenna LLP. more »
High Court rules on firefighters’ contractual obligation to drive
The High Court ruled last week on the meaning of 'unable to drive for genuine reasons' in a clause in a firefighter's contract of employment that provided an exemption from the general obligation to learn to drive fire appliances in order to qualify for the rate of pay payable to fully competent firefighters. more »
Court of Appeals takes time to decide on reference of redundancy test case to ECJ
The Court of Appeal is considering whether to refer the case of United States of America v. Nolan to the European Court of Justice. The topical issue is whether EU and domestic law requires consultation about the reasons, as well as the consequences, of collective redundancies. A decision on a reference will be made in September. Mrs. Nolan is represented by Richard Lissack Q.C. and Mark Mullins of Outer Temple Chambers, instructed on behalf of the GMB by Thompsons Solicitors. more »
High Court upholds first pensions estoppel claim in 20 years
On Friday 16 July 2010 Mr Justice Warren handed down an important judgment in Catchpole v the Trustees of the Alitalia Pension Scheme & Anor [2010] 1809 (Ch) in which he upheld Mr Catchpole's appeal from the Determination of the Pensions Ombudsman. The judgment is important because it is the first successful reliance upon the doctrine of estoppel in a pensions case since Icarus v Driscoll [1990] PLR 1 a short and unreasoned judgment in the early years of pensions litigation. more »
Inquest into the death of a baby given a fatal overdose at an NHS hospital
Ben Compton and Harriet Jerram appeared on behalf of two interested parties at the recent inquest into the death of a 7 month old who died at Homerton Hospital in May 2009. more »
