Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 3027 (Ch) (11 November 2019)

Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 3027 (Ch) (11 November 2019)

The Trustee's decision to enter into the settlement agreement, considering both process and outcome, was rational and within the bounds of what a reasonable trustee could decide, even in light of potential future changes to RPI and CPIH.

Citation
[2019] EWHC 3027 (Ch)
Parties
Claimant: Airways Pension Scheme Trustee Limited; First Defendant (representative Beneficiary): Mark Owen Fielder; Second Defendant: British Airways plc
Jurisdiction
England and Wales
Judgment Date
11 November 2019
Procedural Posture
Trustee Application for Approval of Settlement / Judgment on Application for Approval of Settlement Agreement
Outcome
Settlement agreement approved
Legal Topics
Trustee Decision Making, Pension Scheme Surplus, Discretionary Powers, Approval of Settlement, Impartiality of Trustees
Trusts Pensions Equity Trustee Decision Making Pension Scheme Surplus Discretionary Powers Approval of Settlement Impartiality of Trustees

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Airways Pension Scheme Trustee Limited

Claimant

Mark Owen Fielder

First Defendant (representative Beneficiary)

British Airways plc

Second Defendant

Procedural Posture

Trustee Application for Approval of Settlement / Judgment on Application for Approval of Settlement Agreement

Legal Issues

  1. 1 Whether the trustee's decision to enter into the settlement agreement is one a reasonable trustee could have made
  2. 2 Whether the trustee properly considered relevant and irrelevant matters in its decision-making process
  3. 3 Effect of potential future alignment of RPI and CPIH on the rationality of the settlement

Ratio Decidendi

The Trustee's decision to enter into the settlement agreement, considering both process and outcome, was rational and within the bounds of what a reasonable trustee could decide, even in light of potential future changes to RPI and CPIH.

Court Disposition

Settlement agreement approved

Orders

  • The court approves the Trustee's decision to enter into and continue with the settlement agreement with British Airways plc.