News & Events
News & Events
Pell Frischmann v Others HC12E02792 2013 EWHC 2203 (CH) Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman (“PO”) rather than the Court. The reason for such a choice is a simple one; issuing Court proceedings exposes a member to the risk of having to pay the costs of the trustees and/or employer. Complaining to the PO does not. However, the applicable statutory regime prevents the PO from investigating when Court proceedings have already been commenced. In general terms the reverse is also true i.e. the Court will not entertain proceedings if a dispute has already been referred to the PO. When the member’s preference for the PO is…
News 7 Aug, 2013
Three members of Outer Temple Chambers’ pensions team appeared before Sales J in the Chancery Division on 30 January 2013. MAN Truck and Bus UK Ltd applied successfully for summary judgment in its claim for rectification of the Rules of the MAN UK Pension Scheme. MAN is the latest in a series of successful claims for rectification of pension scheme documentation including IAC (involving, Richard Hitchcock, James Rickards, Keith Bryant and David Grant) and IBM (involving Andrew Spink QC and Nicolas Stallworthy QC). As well as confirming the appropriate legal test to be applied on an application for rectification of a pension scheme, the MAN case is notable in that it succeeded notwithstanding the delay of 13 years between discovery of…
News 31 Jan, 2013
Three members of Outer Temple are instructed in The Lawyers top 20 cases of 2013. Farhaz Khan is instructed in Graisley Properties & Ors v Barclays Bank, David Grant in Cohen & Stephen (Liquidators of Rangers FC) & Ors v Collyer Bristow and Nicholas Medcroft in AADB v Deloitte.
News 8 Jan, 2013
David Grant was interviewed on the George Entwistle’s pay-off by the BBC and Lord Patten’s comments on necessary costs by Sky News chief news editor Adam Bolton, on Thursday 20 Dec 2012.
News 20 Dec, 2012
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 [2012] EWHC 2766 (Ch) and Industrial Acoustics and Crowhurst [2012] EWHC 1614 (Ch) (in the latter of which both David and James appeared). Having considered the evidence…
News 12 Nov, 2012
Richard Hitchcock, James Rickards, David Grant and Keith Bryant all appeared before Vos J in Industrial Acoustics Company Ltd v Crowhurst & Ors, the latest in a growing line of summary judgment applications for rectification of pension deeds and rules all featuring members of Outer Temple Chambers.
News 17 May, 2012
David Grant is representing one of the parties laying claim to monies in the client account of Collyer Bristow the subject of proceedings brought by the Administrators of Rangers FC. At a hearing in the High Court on 8th March 2012 the matter has been expedited for trial commencing late March 2012.
News 8 Mar, 2012
