Unipart Group Ltd & Anor v UGC Pension Trustees Ltd & Anor [2018] EWHC 2124 (Ch) (27 March 2018)

Unipart Group Ltd & Anor v UGC Pension Trustees Ltd & Anor [2018] EWHC 2124 (Ch) (27 March 2018)

The evidence clearly established that the 2002 Deed and Rules did not reflect the parties' true intention regarding the revaluation provisions for former Partco scheme members, due to a drafting error. The requirements for rectification were met, and no reason existed to refuse relief despite the passage of time.

Citation
[2018] EWHC 2124 (Ch)
Parties
Claimant/applicant: Unipart Group Limited; Claimant/applicant: Unipart Group of Companies Limited; Defendant/respondent: UGC Pension Trustees Limited; Defendant/respondent: Gerard O'Hara
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Part 8 Claim / Disposal Hearing
Outcome
Order for rectification granted
Legal Topics
Rectification of Trust Deed, Pension Scheme Merger, Mistake in Legal Drafting
Equity Trusts Pensions Rectification of Trust Deed Pension Scheme Merger Mistake in Legal Drafting

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 4 Party arguments 2
Sign in to unlock

Parties

Unipart Group Limited

Claimant/applicant

Unipart Group of Companies Limited

Claimant/applicant

UGC Pension Trustees Limited

Defendant/respondent

Gerard O'Hara

Defendant/respondent

Procedural Posture

Part 8 Claim / Disposal Hearing

Legal Issues

  1. 1 Whether the Unipart Group Pension Scheme Deed and Rules should be rectified to reflect the parties' true intentions regarding revaluation provisions for certain members
  2. 2 Whether the procedural approach adopted (confidential opinion from representative party) is appropriate in an undefended rectification claim

Ratio Decidendi

The evidence clearly established that the 2002 Deed and Rules did not reflect the parties' true intention regarding the revaluation provisions for former Partco scheme members, due to a drafting error. The requirements for rectification were met, and no reason existed to refuse relief despite the passage of time.

Court Disposition

Order for rectification granted

Orders

  • Rectification of the Unipart Group Pension Scheme Deed and Rules in the terms sought by the claimants
  • Representation order appointing Mr O'Hara to represent the relevant class of beneficiaries