BCA Pension Trustees Ltd, Re

BCA Pension Trustees Ltd, Re

Rule 22 of the Consolidated Rules contains a clear drafting mistake by omitting words necessary to indicate which pension increase rule applies to which benefits. The court is satisfied, based on the admissible background and the authorities, that the omitted words should be read into Rule 22.1 to make the provision workable. The Trustee is authorised under section 48 of the Administration of Justice Act 1985 to administer the Plan on this basis.

Parties
Claimant: BCA Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2015
Procedural Posture
Part 8 Claim (trusts/pensions) / Judgment on Application Under Section 48 of the Administration of Justice Act 1985
Outcome
Application granted
Legal Topics
Construction of Trust Instruments, Correction of Mistakes by Construction, Section 48 Administration of Justice Act 1985, Notification to Beneficiaries
Trusts Pensions Equity Construction of Trust Instruments Correction of Mistakes by Construction Section 48 Administration of Justice Act 1985 Notification to Beneficiaries

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 4 Authorities cited 13 Party arguments 1
Sign in to unlock

Parties

BCA Pension Trustees Limited

Claimant

Procedural Posture

Part 8 Claim (trusts/pensions) / Judgment on Application Under Section 48 of the Administration of Justice Act 1985

Legal Issues

  1. 1 Whether Rule 22 of the Consolidated Rules of the BCA Pension Plan should be construed to include omitted words from the Original Rules to make the pension increase provisions workable
  2. 2 Whether the court should authorise the Trustee to administer the Plan on the basis of the corrected construction under section 48 of the Administration of Justice Act 1985
  3. 3 Whether and how members of the Plan should be notified of the court's order

Ratio Decidendi

Rule 22 of the Consolidated Rules contains a clear drafting mistake by omitting words necessary to indicate which pension increase rule applies to which benefits. The court is satisfied, based on the admissible background and the authorities, that the omitted words should be read into Rule 22.1 to make the provision workable. The Trustee is authorised under section 48 of the Administration of Justice Act 1985 to administer the Plan on this basis.

Court Disposition

Application granted

Orders

  • The Trustee is authorised to administer the BCA Pension Plan on the basis that Rule 22 of the Consolidated Rules is to be construed as if the omitted words from the Original Rules are included, specifying which pension increase rule applies to which benefits.
  • The Trustee is to notify members of the Plan of the order and the reasons for it in the next circular, with appropriate access to the judgment, order, and evidence (excluding confidential information).