Industry-Wide Coal Staff Superannuation Scheme Co-Ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd & Anor
The court was not abundantly sure that the omission of a pro-rating provision in Rule 33 was a drafting mistake; Rule 33 must be construed according to its express terms, which do not provide for pro-rating of the first pension increase.
- Parties
- Claimant: Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Limited; First Defendant: Industry-Wide Coal Staff Superannuation Scheme Trustees Limited; Second Defendant: Terence Fox
- Jurisdiction
- England and Wales
- Judgment Date
- 20 December 2012
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Construction of Pension Scheme Rules, Drafting Errors in Statutory Instruments, Interpretation of Statutory Regulations, Trust Deed Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Limited
Claimant
Industry-Wide Coal Staff Superannuation Scheme Trustees Limited
First Defendant
Terence Fox
Second Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether Rule 33 of the IWCSSS should be construed to include a pro-rating provision for the first pension increase
- 2 Whether omission of pro-rating provision was a drafting mistake correctable by the court
Ratio Decidendi
The court was not abundantly sure that the omission of a pro-rating provision in Rule 33 was a drafting mistake; Rule 33 must be construed according to its express terms, which do not provide for pro-rating of the first pension increase.
Court Disposition
Claim dismissed
Full Case Text
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