Successful pension scheme rectification claim

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 the mistake in the Deed and the issue of proceedings.

Instructing Solicitors – Bond Pearce & Osborne Clarke.

News 31 Jan, 2013