Airways Pension Scheme Trustee Ltd v Fielder & Anor

Airways Pension Scheme Trustee Ltd v Fielder & Anor

The Trustee's decision to enter into the settlement agreement, and to continue with it in light of changed circumstances, is one which a reasonable trustee could rationally make, having properly considered all relevant matters and taken appropriate advice. The potential future alignment of RPI and CPIH does not render the decision irrational, given the immediate and substantial benefits to the majority of scheme members.

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, Settlement Approval, Pension Scheme Surplus, Dispositive Powers, Impartiality of Trustees
Trusts Pensions Equity Trustee Decision Making Settlement Approval Pension Scheme Surplus Dispositive Powers Impartiality of Trustees

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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, and to continue with it in light of changed circumstances, is one which a reasonable trustee could rationally make, having properly considered all relevant matters and taken appropriate advice. The potential future alignment of RPI and CPIH does not render the decision irrational, given the immediate and substantial benefits to the majority of scheme members.

Court Disposition

Settlement agreement approved

Orders

  • The Trustee's decision to enter into the settlement agreement is approved.