Amp (Uk) Plc & Anor v. Barker & Ors [2000] EWHC Ch 42 (8th December, 2000)

Amp (Uk) Plc & Anor v. Barker & Ors [2000] EWHC Ch 42 (8th December, 2000)

The overwhelming evidence demonstrated that both the Trustees and NPI intended only to enhance incapacity benefits and had no intention to increase early leaver benefits. The mistake arose from a failure to appreciate the cross-reference in the rules, not from any intention to alter early leaver benefits. Rectification is appropriate to reflect the true intention, as the requirements for convincing proof and objective manifestation of intention are satisfied.

Citation
[2000] EWHC Ch 42
Parties
Claimants: AMP plc and AMP (UK) Services Ltd.; 1st to 5th Defendants: Trustees of the Pension Scheme of the National Provident Institution (NPI); 6th Defendant (representative Beneficiary): Mr Pearson
Jurisdiction
England and Wales
Procedural Posture
Chancery Division Pension Scheme Rectification / Judgment After Trial
Outcome
Rectification granted
Legal Topics
Rectification of Instruments, Mistake in Pension Scheme Amendments, Trustee Duties, Employer Consent in Pension Schemes
Equity Trusts and Pensions Contract Law Rectification of Instruments Mistake in Pension Scheme Amendments Trustee Duties Employer Consent in Pension Schemes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

AMP plc and AMP (UK) Services Ltd.

Claimants

Trustees of the Pension Scheme of the National Provident Institution (NPI)

1st to 5th Defendants

Mr Pearson

6th Defendant (representative Beneficiary)

Procedural Posture

Chancery Division Pension Scheme Rectification / Judgment After Trial

Legal Issues

  1. 1 Whether the 1998 amendments to the NPI Pension Scheme rules should be rectified to reflect the true intention of the Trustees and NPI, namely to enhance only incapacity benefits and not early leaver benefits;
  2. 2 Whether the amendments can be set aside for mistake;
  3. 3 Whether the principle in Re Hastings-Bass applies to vitiate the Trustees' resolution due to failure to consider material facts.

Ratio Decidendi

The overwhelming evidence demonstrated that both the Trustees and NPI intended only to enhance incapacity benefits and had no intention to increase early leaver benefits. The mistake arose from a failure to appreciate the cross-reference in the rules, not from any intention to alter early leaver benefits. Rectification is appropriate to reflect the true intention, as the requirements for convincing proof and objective manifestation of intention are satisfied.

Court Disposition

Rectification granted

Orders

  • The amendments to the NPI Pension Scheme rules made in September 1998 are rectified to reflect the true intention of the Trustees and NPI, namely to enhance only incapacity benefits and not early leaver benefits.