Shannan v Viavi Solutions UK Ltd & Ors [2018] EWCA Civ 681 (28 March 2018)

Shannan v Viavi Solutions UK Ltd & Ors [2018] EWCA Civ 681 (28 March 2018)

The requisite agreement and consent for substitution of Principal Employer under Rule 10.10 were reached by 15 September 1999 at the latest, based on the conduct and knowledge of the parties. The 1999 Deed was validly executed and effective to substitute Management as Principal Employer. The Duomatic principle applies, so Management's agreement is also Viavi's consent.

Citation
[2018] EWCA Civ 681
Parties
Claimant/respondent: Ian Shannan; Claimant/respondent: Eric Roger Hall; Claimant/respondent: William Kim Quillin; Defendant/appellant: Viavi Solutions UK Limited; Defendant/respondent: Malcolm Froude; Defendant/respondent: Bond Pearce; Defendant/respondent: Bond Pearce LLP; Defendant/respondent: Aon Consulting Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Pension Scheme Amendment, Principal Employer Substitution, Corporate Authority, Trust Deed Validity, Estoppel by Deed
Pensions Trusts and Equity Company Law Pension Scheme Amendment Principal Employer Substitution Corporate Authority Trust Deed Validity Estoppel by Deed

Case Brief

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Parties

Ian Shannan

Claimant/respondent

Eric Roger Hall

Claimant/respondent

William Kim Quillin

Claimant/respondent

Viavi Solutions UK Limited

Defendant/appellant

Malcolm Froude

Defendant/respondent

Bond Pearce

Defendant/respondent

Bond Pearce LLP

Defendant/respondent

Aon Consulting Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 1999 Deed validly substituted Wandel & Goltermann Management Limited as Principal Employer of the Scheme
  2. 2 Whether the requisite agreement and consent for substitution under Rule 10.10 were reached prior to or by execution of the 1999 Deed
  3. 3 Whether the Duomatic principle applies to the consent of Viavi

Ratio Decidendi

The requisite agreement and consent for substitution of Principal Employer under Rule 10.10 were reached by 15 September 1999 at the latest, based on the conduct and knowledge of the parties. The 1999 Deed was validly executed and effective to substitute Management as Principal Employer. The Duomatic principle applies, so Management's agreement is also Viavi's consent.

Court Disposition

Appeal dismissed

Orders

  • The 1999 Deed is valid and effective to substitute Wandel & Goltermann Management Limited as Principal Employer of the Scheme.
  • No further orders as to subsequent deeds; issues regarding the Deed of Novation not determined.