BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor

BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor

The Secretary of State is not entitled to resile from his concession that liabilities arising from the 1993 bulk transfer, being fully funded, are covered by the Crown Guarantee, even though the transfer was effected by a post-transfer date amendment. Allowing the Secretary of State to withdraw the concession would risk prejudice to the other parties, who relied on the concession in shaping their case and evidence. The principles governing withdrawal of concessions, as set out in appellate authorities, apply to this phased trial. There is also an abuse of process in seeking to raise the point now, as it could and should have been raised earlier if it was to be taken. The matter is not res...

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
Civil / Interlocutory Judgment on Whether the Secretary of State May Resile From a Concession and Raise a New Issue
Outcome
Secretary of State not permitted to resile from concession or raise the new issue; application refused.
Legal Topics
Crown Guarantee, Concessions in Litigation, Res Judicata, Abuse of Process, Bulk Transfers in Pension Schemes
Pensions Law Administrative Law Civil Procedure Crown Guarantee Concessions in Litigation Res Judicata Abuse of Process Bulk Transfers in Pension Schemes

Case Brief

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Parties

BT Pension Scheme Trustees Limited

Claimant

British Telecommunications PLC

First Defendant

Secretary of State for Business, Innovation and Skills

Second Defendant

Procedural Posture

Civil / Interlocutory Judgment on Whether the Secretary of State May Resile From a Concession and Raise a New Issue

Legal Issues

  1. 1 Whether the Secretary of State may resile from a concession regarding the scope of the Crown Guarantee for liabilities arising from the 1993 bulk transfer into the BT Pension Scheme
  2. 2 Whether the matter is res judicata
  3. 3 Whether it would be an abuse of process to allow the Secretary of State to raise the point

Ratio Decidendi

The Secretary of State is not entitled to resile from his concession that liabilities arising from the 1993 bulk transfer, being fully funded, are covered by the Crown Guarantee, even though the transfer was effected by a post-transfer date amendment. Allowing the Secretary of State to withdraw the concession would risk prejudice to the other parties, who relied on the concession in shaping their case and evidence. The principles governing withdrawal of concessions, as set out in appellate authorities, apply to this phased trial. There is also an abuse of process in seeking to raise the point now, as it could and should have been raised earlier if it was to be taken. The matter is not res...

Court Disposition

Secretary of State not permitted to resile from concession or raise the new issue; application refused.

Orders

  • Secretary of State is barred from raising the amendment/bulk transfer point in Issue 12(b) and (c).
  • The parties are to consider how to reflect this in the order, including the abuse of process finding.