Ove Arup & Partners International Ltd vTrustees of the Arup UK Pension Scheme [2020] EWHC 1064 (Ch) (05 May 2020)

Ove Arup & Partners International Ltd vTrustees of the Arup UK Pension Scheme [2020] EWHC 1064 (Ch) (05 May 2020)

RPI is replaced under Rule H1.03 only if discontinued by the responsible body (ONS) and another similar index is introduced or declared as its replacement; functional replacement is not contemplated. Trustees may make adjustments only in consequence of actual changes in composition of the index after adoption of the current Rules, not for functional replacement or changes predating the current Rules.

Citation
[2020] EWHC 1064 (Ch)
Parties
Claimant: Ove Arup & Partners International Ltd; Defendants: Trustees of the Arup UK Pension Scheme
Jurisdiction
England and Wales
Judgment Date
05 May 2020
Procedural Posture
Part 8 Claim / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Interpretation of Pension Scheme Rules, Indexation of Pensions, Statutory Construction, Consumer Price Indices
Pensions Trusts Contract Law Interpretation of Pension Scheme Rules Indexation of Pensions Statutory Construction Consumer Price Indices

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Parties

Ove Arup & Partners International Ltd

Claimant

Trustees of the Arup UK Pension Scheme

Defendants

Procedural Posture

Part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether RPI has been replaced by CPI or CPIH under the Scheme Rules
  2. 2 Whether Trustees have power or duty to change the index or make adjustments
  3. 3 Meaning of 'replacement' and 'change in composition' in the Rules

Ratio Decidendi

RPI is replaced under Rule H1.03 only if discontinued by the responsible body (ONS) and another similar index is introduced or declared as its replacement; functional replacement is not contemplated. Trustees may make adjustments only in consequence of actual changes in composition of the index after adoption of the current Rules, not for functional replacement or changes predating the current Rules.

Court Disposition

Claim dismissed

Orders

  • Declarations that RPI has not been replaced by CPI or CPIH under the Scheme Rules
  • Trustees may make adjustments only for actual changes in composition post-2013 Rules adoption