Practical Law (Pensions); “Univar v Smith; first contested pensions rectification trial in 8 years”
Judgment was recently handed down by the High Court in Univar v Smith & Ors. Michael Uberoi’s article looking at some of the key issues in the judgment has been published in Practical Law (Pensions).
Univar v Smith & Ors  EWHC 1596 (Ch) was the first contested application for the rectification of pension scheme documentation for over eight years, and was also the first judgment by the High Court to apply the Court of Appeal’s new, subjective test for rectification, as declared by Leggatt LJ in FSHC Group Holdings Ltd v GLAS  EWCA Civ 1361.
The 15 day trial involved cross-examination of over a dozen trustee and company witnesses who were the relevant decision-makers for the scrutinised Deed, as well as actuarial expert evidence.
A case note in Practical Law (Pensions)
Michael Uberoi has written a full case note on the Univar judgment which has been published on Practical Law (Pensions) in September. Michael acted for the Representative Beneficiary in the case (instructed by Burges Salmon LLP) and the Case Note discusses the new test for rectification in light of Trower J’s approach to it in Univar, as well as the case’s handling of the alleged South West Trains contract, and its approach to construction.
The article is available online to Practical Law subscribers here.
The Judgment can be found here.
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Michael Uberoi practises in commercial and chancery litigation, with a particular focus upon pensions and financial services. Recent significant pensions cases include Univar UK v Smith & Ors  EWHC 1596 (Ch), Safeway v Newton  Pens L.R. 4, and Sheffield v Kier Group plc  EWHC 986 (Ch).
Michael is recommended as a Leading Pensions Junior and a Leading Financial Services Junior by Legal 500.
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