BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor [2011] EWHC 2071 (Ch) (28 July 2011)

BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor [2011] EWHC 2071 (Ch) (28 July 2011)

The Secretary of State is not entitled to resile from the concession regarding the scope of the Crown Guarantee for liabilities arising from the 1993 bulk transfer and post-transfer date amendments, due to risk of prejudice, express nature of the concession, and procedural fairness; raising the issue now would constitute an abuse of process.

Citation
[2011] EWHC 2071 (Ch)
Parties
Claimant: BT Pension Scheme Trustees Limited; First Defendant: British Telecommunications PLC; Second Defendant: Secretary of State for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Chancery Division Civil Claim / Post Trial Interlocutory Judgment on Procedural and Substantive Issue
Outcome
Secretary of State barred from raising the amendment/bulk transfer point in revised Issue 12; concession stands.
Legal Topics
Crown Guarantee, Bulk Transfer, Concession Withdrawal, Res Judicata, Abuse of Process
Pensions Public Law Contract Law Civil Procedure Crown Guarantee Bulk Transfer Concession Withdrawal Res Judicata +1 more

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 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

BT Pension Scheme Trustees Limited

Claimant

British Telecommunications PLC

First Defendant

Secretary of State for Business, Innovation and Skills

Second Defendant

Procedural Posture

Chancery Division Civil Claim / Post Trial Interlocutory Judgment on Procedural and Substantive Issue

Legal Issues

  1. 1 Whether the Secretary of State can resile from a concession regarding the scope of the Crown Guarantee for liabilities arising from the 1993 bulk transfer and post-transfer date amendments
  2. 2 Whether the matter is res judicata
  3. 3 Whether raising the issue constitutes an abuse of process under Henderson v Henderson

Ratio Decidendi

The Secretary of State is not entitled to resile from the concession regarding the scope of the Crown Guarantee for liabilities arising from the 1993 bulk transfer and post-transfer date amendments, due to risk of prejudice, express nature of the concession, and procedural fairness; raising the issue now would constitute an abuse of process.

Court Disposition

Secretary of State barred from raising the amendment/bulk transfer point in revised Issue 12; concession stands.

Orders

  • Secretary of State may not resile from the concession regarding the 1993 bulk transfer and post-transfer date amendments.
  • Secretary of State is procedurally and substantively barred from raising the amendment/bulk transfer point in Issue 12.