NHS Business Services Authority v Leeks & Ors [2014] EWHC 1446 (Ch) (19 March 2014)

NHS Business Services Authority v Leeks & Ors [2014] EWHC 1446 (Ch) (19 March 2014)

The Authority, as scheme administrator, had a duty to provide accurate information to members. Its failure to inform Mrs Leeks that her pension entitlement was complete and to cease accepting contributions constituted maladministration. The Pensions Ombudsman was entitled to find causation and award compensation for the loss suffered by Mrs Leeks, including for the period beyond March 2009, and to direct the Authority alone to pay compensation.

Citation
[2014] EWHC 1446 (Ch)
Parties
Claimant/respondent: NHS Business Services Authority; Defendant/appellant: Jean Leeks
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Appeal From Pensions Ombudsman Decision / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Maladministration, Compensation for Loss, Causation, Pension Scheme Administration, Jurisdiction of Pensions Ombudsman
Pensions Law Administrative Law Maladministration Compensation for Loss Causation Pension Scheme Administration Jurisdiction of Pensions Ombudsman

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 6 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

NHS Business Services Authority

Claimant/respondent

Jean Leeks

Defendant/appellant

Procedural Posture

Appeal From Pensions Ombudsman Decision / High Court Judgment

Legal Issues

  1. 1 Whether the Pensions Ombudsman erred in law in finding maladministration by the Authority
  2. 2 Whether the Ombudsman erred in awarding compensation for maladministration
  3. 3 Whether compensation should extend beyond March 2009

Ratio Decidendi

The Authority, as scheme administrator, had a duty to provide accurate information to members. Its failure to inform Mrs Leeks that her pension entitlement was complete and to cease accepting contributions constituted maladministration. The Pensions Ombudsman was entitled to find causation and award compensation for the loss suffered by Mrs Leeks, including for the period beyond March 2009, and to direct the Authority alone to pay compensation.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Authority is dismissed.
  • The compensation award in favour of Mrs Leeks stands.