Davidson v Arla Foods UK Plc & Anor

Davidson v Arla Foods UK Plc & Anor

The Compromise Agreement substituted a fixed pension entitlement at normal pension date for any further revaluation rights; the Claimant gave up the right to annual revaluation in exchange for an agreed pension based on an augmented salary and service, and is not entitled to further revaluation under rule 9A or statutory provisions.

Parties
Claimant: Richard Colin Neil Davidson; First Defendant: Arla Foods UK PLC; Second Defendant: The Trustees of The Express Pension Scheme
Jurisdiction
England and Wales
Judgment Date
26 May 2006
Procedural Posture
Civil / Summary Judgment Application
Outcome
Claimant's application for summary judgment dismissed
Legal Topics
Compromise Agreement, Pension Entitlement, Specific Performance, Damages, Summary Judgment
Employment Pensions Contract Compromise Agreement Pension Entitlement Specific Performance Damages Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Richard Colin Neil Davidson

Claimant

Arla Foods UK PLC

First Defendant

The Trustees of The Express Pension Scheme

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Claimant is entitled to revaluation of his pension under the Scheme after augmentation per the Compromise Agreement
  2. 2 Whether the Claimant gave up revaluation rights in exchange for a fixed pension at normal pension date
  3. 3 Whether early termination of employment affects pension entitlement under the Compromise Agreement

Ratio Decidendi

The Compromise Agreement substituted a fixed pension entitlement at normal pension date for any further revaluation rights; the Claimant gave up the right to annual revaluation in exchange for an agreed pension based on an augmented salary and service, and is not entitled to further revaluation under rule 9A or statutory provisions.

Court Disposition

Claimant's application for summary judgment dismissed