MNOPF Trustees Ltd. v FT Everard & Sons Ltd. & Ors [2005] EWHC 446 (Ch) (22 March 2005)

MNOPF Trustees Ltd. v FT Everard & Sons Ltd. & Ors [2005] EWHC 446 (Ch) (22 March 2005)

Participating Employers includes all employers who have ever participated, regardless of whether they continue to employ active members; accession agreements bind employers to obligations under current and future scheme variations; Trustee's power to amend extends to imposing liability for deficiencies on all Participating Employers, including Pre-1978 employers, unless expressly excluded.

Citation
[2005] EWHC 446 (Ch)
Parties
Claimant: MNOPF Trustees Limited; First Defendant: F T Everard & Sons Limited; Second Defendant: Pandoro Limited; Third Defendant: Everard (Guernsey) Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Part 8 Claim / Judgment After Hearing
Outcome
Declaration granted in favour of Trustee
Legal Topics
Participating Employer Liability, Scheme Amendment Powers, Sectionalisation of Pension Schemes
Pensions Trusts Contract Participating Employer Liability Scheme Amendment Powers Sectionalisation of Pension Schemes

Case Brief

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Parties

MNOPF Trustees Limited

Claimant

F T Everard & Sons Limited

First Defendant

Pandoro Limited

Second Defendant

Everard (Guernsey) Limited

Third Defendant

Procedural Posture

Part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether employers who ceased to employ active members prior to rule change remain liable for funding deficiency
  2. 2 Whether Pre-1978 employers are liable for Post-1978 Section deficiency
  3. 3 Interpretation of 'Participating Employers' under Scheme rules

Ratio Decidendi

Participating Employers includes all employers who have ever participated, regardless of whether they continue to employ active members; accession agreements bind employers to obligations under current and future scheme variations; Trustee's power to amend extends to imposing liability for deficiencies on all Participating Employers, including Pre-1978 employers, unless expressly excluded.

Court Disposition

Declaration granted in favour of Trustee

Orders

  • All employers who have ever participated in the Scheme after 5 April 1978 are liable to contribute to deficiency in Post-1978 Section as determined by Trustee under Rule 5.2A.
  • Pre-1978 employers are not excluded from liability for Post-1978 Section deficiency.