Airways Pension Scheme Trustee Ltd v Fielder & Anor

Airways Pension Scheme Trustee Ltd v Fielder & Anor

The trustee is entitled to indemnity from scheme assets for costs of pursuing the appeal to the Supreme Court because, in the circumstances, the appeal is in the interests of the scheme as a whole, benefits the majority of members, and the trustee is the only realistic party to pursue it. However, the trustee's recoverable costs are capped at £1,034,000 to ensure reasonableness.

Parties
Claimant: Airways Pension Scheme Trustee Limited; First Defendant: Mark Owen Fielder; Second Defendant: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
15 January 2019
Procedural Posture
Application for Beddoe Relief / High Court Ruling
Outcome
Application granted in part
Legal Topics
Beddoe Relief, Trustee Indemnity, Power of Amendment, Proper Purpose Doctrine, Costs in Trust Litigation
Trusts Pensions Equity Beddoe Relief Trustee Indemnity Power of Amendment Proper Purpose Doctrine Costs in Trust Litigation

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Parties

Airways Pension Scheme Trustee Limited

Claimant

Mark Owen Fielder

First Defendant

British Airways PLC

Second Defendant

Procedural Posture

Application for Beddoe Relief / High Court Ruling

Legal Issues

  1. 1 Whether the trustee is entitled to indemnity from scheme assets for costs of pursuing an appeal to the Supreme Court
  2. 2 Whether pursuing the appeal is in the interests of the trust as a whole
  3. 3 Whether the trustee's recoverable costs should be capped

Ratio Decidendi

The trustee is entitled to indemnity from scheme assets for costs of pursuing the appeal to the Supreme Court because, in the circumstances, the appeal is in the interests of the scheme as a whole, benefits the majority of members, and the trustee is the only realistic party to pursue it. However, the trustee's recoverable costs are capped at £1,034,000 to ensure reasonableness.

Court Disposition

Application granted in part

Orders

  • Trustee is entitled to indemnity from scheme assets for costs of pursuing the appeal to the Supreme Court.
  • Trustee's recoverable costs are capped at £1,034,000.