Earnshaw & Ors v The Prudential Assurance Company Ltd (Rev 1) [2017] EWHC 916 (Ch) (25 April 2017)

Earnshaw & Ors v The Prudential Assurance Company Ltd (Rev 1) [2017] EWHC 916 (Ch) (25 April 2017)

The Claimants' claims for early retirement and equalisation are unsustainable as a matter of law and/or time-barred. The Trustees did not exercise their discretion to reduce pensions, so no breach by the Defendant arises. The claims are also statute-barred under the Limitation Act 1980, as the Claimants had actual or constructive knowledge by November 2008. No continuing duty to review or correct past payments existed. The Equalisation Claim is also time-barred and not a continuing breach.

Citation
[2017] EWHC 916 (Ch)
Parties
Claimant/respondent: Peter Earnshaw; Claimant/respondent: John Stuart Earnshaw; Claimant/respondent: Anthony Daniel Earnshaw; Claimant/respondent: Richard Reavley Wardman; Claimant/respondent: Suzanne Michelle Elliot; Claimant/respondent: Job Earnshaw & Bros Limited; Defendant/applicant: The Prudential Assurance Company Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2017
Procedural Posture
Civil (pensions/contract/negligence) / Summary Judgment Application (cpr 24.2)
Outcome
Judgment for the Defendant on the Early Retirement Claim and the Equalisation Claim.
Legal Topics
Pension Scheme Administration, Limitation of Actions, Trustee Duties, Summary Judgment, Equalisation of Pension Benefits, Mitigation of Loss
Pensions Contract Law Tort/negligence Limitation Pension Scheme Administration Limitation of Actions Trustee Duties Summary Judgment +2 more

Case Brief

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Parties

Peter Earnshaw

Claimant/respondent

John Stuart Earnshaw

Claimant/respondent

Anthony Daniel Earnshaw

Claimant/respondent

Richard Reavley Wardman

Claimant/respondent

Suzanne Michelle Elliot

Claimant/respondent

Job Earnshaw & Bros Limited

Claimant/respondent

The Prudential Assurance Company Limited

Defendant/applicant

Procedural Posture

Civil (pensions/contract/negligence) / Summary Judgment Application (cpr 24.2)

Legal Issues

  1. 1 Whether the Defendant breached duties in contract or tort regarding early retirement and equalisation of pension benefits
  2. 2 Whether claims are time-barred under the Limitation Act 1980
  3. 3 Whether the Defendant owed a continuing duty to review pension payments

Ratio Decidendi

The Claimants' claims for early retirement and equalisation are unsustainable as a matter of law and/or time-barred. The Trustees did not exercise their discretion to reduce pensions, so no breach by the Defendant arises. The claims are also statute-barred under the Limitation Act 1980, as the Claimants had actual or constructive knowledge by November 2008. No continuing duty to review or correct past payments existed. The Equalisation Claim is also time-barred and not a continuing breach.

Court Disposition

Judgment for the Defendant on the Early Retirement Claim and the Equalisation Claim.

Orders

  • Summary judgment granted for the Defendant on the Early Retirement Claim.
  • Summary judgment granted for the Defendant on the Equalisation Claim.