Viavi Solutions UK Ltd v Viavi Solutions Pension Trustee UK Ltd & Anor [2022] EWHC 2565 (Ch) (20 September 2022)

Viavi Solutions UK Ltd v Viavi Solutions Pension Trustee UK Ltd & Anor [2022] EWHC 2565 (Ch) (20 September 2022)

The evidence, including pre- and post-execution documents, witness statements, and subsequent corrective actions, establishes convincingly that the minimum pension increases in rule 61.4 were included in error and do not reflect the parties' intention. Rectification is appropriate.

Citation
[2022] EWHC 2565 (Ch)
Parties
Claimant: VIAVI SOLUTIONS UK LTD; First Defendant: VIAVI SOLUTIONS PENSION TRUSTEE UK LTD; Second Defendant (representative Member): JEFFREY COTTRELL
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
Rectification Claim (chancery Division) / Summary Judgment Application Under CPR 24.2
Outcome
Order for rectification granted; claim allowed.
Legal Topics
Rectification of Pension Deeds, Trustee Powers, Scheme Administration
Pensions Equity Trusts Rectification of Pension Deeds Trustee Powers Scheme Administration

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 2 Party arguments 2
Sign in to unlock

Parties

VIAVI SOLUTIONS UK LTD

Claimant

VIAVI SOLUTIONS PENSION TRUSTEE UK LTD

First Defendant

JEFFREY COTTRELL

Second Defendant (representative Member)

Procedural Posture

Rectification Claim (chancery Division) / Summary Judgment Application Under CPR 24.2

Legal Issues

  1. 1 Whether rule 61.4 of the 1999 Deed and Rules should be rectified to remove erroneous minimum pension increases ('underpins')
  2. 2 Whether the evidential threshold for rectification is met

Ratio Decidendi

The evidence, including pre- and post-execution documents, witness statements, and subsequent corrective actions, establishes convincingly that the minimum pension increases in rule 61.4 were included in error and do not reflect the parties' intention. Rectification is appropriate.

Court Disposition

Order for rectification granted; claim allowed.

Orders

  • Rule 61.4 of the 1999 Deed and Rules rectified to remove erroneous minimum pension increases ('underpins')
  • Representation orders made for second defendant as representative member