Capital Cranfield Trustees Ltd v Beck & Anor

Capital Cranfield Trustees Ltd v Beck & Anor

The Announcement was not effective to equalise NRDs because it was not within the power of determination in the definition of NRD in Rule 3 and was not a determination by the Employers as required; alteration of NRDs for all Members requires compliance with Rule 41, which was not satisfied.

Parties
Claimant: Capital Cranfield Trustees Limited; First Defendant: Brian Beck; Second Defendant: Janet Tabor
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Civil / Judgment
Outcome
The Announcement was not effective to equalise NRDs for the purposes of the Scheme.
Legal Topics
Pension Scheme Rules, Equalisation of Retirement Ages, Interpretation of Trust Deeds, European Law Impact on Pensions
Pensions Trusts Employment Pension Scheme Rules Equalisation of Retirement Ages Interpretation of Trust Deeds European Law Impact on Pensions

Case Brief

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Parties

Capital Cranfield Trustees Limited

Claimant

Brian Beck

First Defendant

Janet Tabor

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1994 Announcement validly equalised Normal Retiring Dates (NRDs) for male and female members under the Scheme
  2. 2 Whether paragraph (ii) of the definition of NRD in Rule 3 confers a free-standing power to increase NRD for future pension accrual in respect of existing Members
  3. 3 Whether the Announcement was an effective exercise of that power

Ratio Decidendi

The Announcement was not effective to equalise NRDs because it was not within the power of determination in the definition of NRD in Rule 3 and was not a determination by the Employers as required; alteration of NRDs for all Members requires compliance with Rule 41, which was not satisfied.

Court Disposition

The Announcement was not effective to equalise NRDs for the purposes of the Scheme.

Orders

  • Representation orders for Defendants as representative beneficiaries under CPR 19.7