Punter Southall Governance Services Ltd v Benge & Anor [2022] EWHC 193 (Ch) (01 February 2022)
The trustee's decision to pay the death benefit to the second defendant was one a reasonable body of trustees, correctly instructed as to the scheme rules, could properly have made on the evidence; the decision was not vitiated by conflict of interest, and the process was fair and rational. The court therefore approves the trustee's decision.
- Citation
- [2022] EWHC 193 (Ch)
- Parties
- Claimant: Punter Southall Governance Services Limited; First Defendant: Nigel J Benge; Second Defendant: Kay Margaret Barrett
- Jurisdiction
- England and Wales
- Judgment Date
- 01 February 2022
- Procedural Posture
- Part 8 Claim (trustee Application for Court Approval) / Judgment on Application for Approval of Trustee Decision
- Outcome
- Claim approved; court grants relief sought by claimant trustee.
- Legal Topics
- Trustee Decision Making, Conflict of Interest, Pension Scheme Death Benefits, Dependency Under Pension Rules, Court Approval of Trustee Actions
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Punter Southall Governance Services Limited
Claimant
Nigel J Benge
First Defendant
Kay Margaret Barrett
Second Defendant
Procedural Posture
Part 8 Claim (trustee Application for Court Approval) / Judgment on Application for Approval of Trustee Decision
Legal Issues
- 1 Whether the trustee's decision to pay a death benefit to the second defendant was one a reasonable body of trustees could properly have made under the scheme rules
- 2 Whether the decision was vitiated by any conflict of interest
- 3 Whether the trustees acted properly in refusing to reconsider the decision or in pursuing the application
Ratio Decidendi
The trustee's decision to pay the death benefit to the second defendant was one a reasonable body of trustees, correctly instructed as to the scheme rules, could properly have made on the evidence; the decision was not vitiated by conflict of interest, and the process was fair and rational. The court therefore approves the trustee's decision.
Court Disposition
Claim approved; court grants relief sought by claimant trustee.
Orders
- Court approves the trustee's decision to pay the death benefit from the scheme assets to the second defendant.
- No order for reconsideration or further investigation required.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment