The Pensions Regulator v A Admin Ltd & Ors

The Pensions Regulator v A Admin Ltd & Ors

The trust deeds governing the Schemes are void for uncertainty as they do not provide a method for computing the Primary Pension; Members have a right to a future pension under the Schemes within section 91(1) of the Pensions Act 1995; section 91(5) limits the exclusion from the prohibition of surrenders to benefits provided under the same scheme.

Parties
Claimant: The Pensions Regulator; First Defendant: A Admin Limited; Second Defendant: Warwick Pensions Administration Limited; Third Defendant: Lincoln Pensions Administration Limited; Fourth Defendant: Baxendale-Walker LLP; Fifth Defendant: Paul Michael Baxendale-Walker
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Civil / Judgment on Preliminary Issues and Applications
Outcome
Preliminary issues determined in favour of the Claimant; applications by Fifth Defendant dismissed; costs awarded to Claimant on indemnity basis.
Legal Topics
Certainty of Trust Subject Matter, Occupational Pension Schemes, Inalienability of Pension Rights, Statutory Interpretation
Trusts Pensions Contract Certainty of Trust Subject Matter Occupational Pension Schemes Inalienability of Pension Rights Statutory Interpretation

Case Brief

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Parties

The Pensions Regulator

Claimant

A Admin Limited

First Defendant

Warwick Pensions Administration Limited

Second Defendant

Lincoln Pensions Administration Limited

Third Defendant

Baxendale-Walker LLP

Fourth Defendant

Paul Michael Baxendale-Walker

Fifth Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues and Applications

Legal Issues

  1. 1 Are the beneficial interests of the Members under the trust deeds void for uncertainty?
  2. 2 Do the beneficial interests declared by the trust deeds constitute a right to a future pension within section 91(1) of the Pensions Act 1995?
  3. 3 Does section 91(5) of the Pensions Act 1995 limit the exclusion from the prohibition of surrenders to benefits provided under the same scheme?

Ratio Decidendi

The trust deeds governing the Schemes are void for uncertainty as they do not provide a method for computing the Primary Pension; Members have a right to a future pension under the Schemes within section 91(1) of the Pensions Act 1995; section 91(5) limits the exclusion from the prohibition of surrenders to benefits provided under the same scheme.

Court Disposition

Preliminary issues determined in favour of the Claimant; applications by Fifth Defendant dismissed; costs awarded to Claimant on indemnity basis.

Orders

  • The beneficial interests of Members under the trust deeds are void for uncertainty.
  • The beneficial interests declared by the trust deeds constitute a right to a future pension within section 91(1) of the Pensions Act 1995.