MNOPF Trustees Ltd. v FT Everard & Sons Ltd. & Ors

The definition of Participating Employers in Rule 3 includes all employers who have ever participated in the Scheme, and the accession agreements bind them to obligations under subsequent variations. The Trustee may seek contributions from all Participating Employers, including Pre-1978 employers, to remedy deficiencies in the Post-1978 Section.

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: Civil / Judgment
Outcome: Judgment for Claimant
Legal Topics: Participating Employers Liability, Scheme Amendment Powers, Sectionalisation of Pension Schemes

Trusts Pensions Contract Participating Employers Liability Scheme Amendment Powers Sectionalisation of Pension Schemes

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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

Civil / Judgment

Legal Issues

1 Whether employers who ceased to employ active members prior to rule change can be made liable for funding deficiency
2 Whether Pre-1978 employers are excluded from liability for Post-1978 Section deficiencies

Ratio Decidendi

Court Disposition

Judgment for Claimant

Orders

Participating Employers include all employers who have ever participated in the Scheme, including Pre-1978 employers.
Trustee may seek contributions from all Participating Employers under Rule 5.2A to remedy deficiencies in the Post-1978 Section.