Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 29 (Ch) (15 January 2019)

Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 29 (Ch) (15 January 2019)

The court held that the Trustee is entitled to Beddoe relief to pursue the appeal to the Supreme Court and to be indemnified from the scheme's assets for its costs and any adverse costs order, as the appeal is in the interests of the trust as a whole and there is no inflexible rule precluding indemnity for appeals by trustees.

Citation
[2019] EWHC 29 (Ch)
Parties
Claimant: Airways Pension Scheme Trustee Limited; First Defendant: Mark Owen Fielder; Second Defendant: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
15 January 2019
Procedural Posture
Beddoe Application / High Court Judgment on Application for Beddoe Relief Pending Supreme Court Appeal
Outcome
Beddoe relief granted
Legal Topics
Trustee Indemnity, Beddoe Relief, Costs in Trust Litigation, Pension Scheme Powers, Proper Purpose Doctrine
Trusts and Estates Pensions Civil Procedure Trustee Indemnity Beddoe Relief Costs in Trust Litigation Pension Scheme Powers Proper Purpose Doctrine

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 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Airways Pension Scheme Trustee Limited

Claimant

Mark Owen Fielder

First Defendant

British Airways PLC

Second Defendant

Procedural Posture

Beddoe Application / High Court Judgment on Application for Beddoe Relief Pending Supreme Court Appeal

Legal Issues

  1. 1 Whether the trustee should be granted Beddoe relief to pursue an appeal to the Supreme Court and be indemnified from the scheme's assets for its costs and any adverse costs order
  2. 2 Whether it is in the interests of the trust as a whole for the trustee to pursue the appeal
  3. 3 What legal principles govern the grant of Beddoe relief in the context of appeals by trustees

Ratio Decidendi

The court held that the Trustee is entitled to Beddoe relief to pursue the appeal to the Supreme Court and to be indemnified from the scheme's assets for its costs and any adverse costs order, as the appeal is in the interests of the trust as a whole and there is no inflexible rule precluding indemnity for appeals by trustees.

Court Disposition

Beddoe relief granted

Orders

  • Trustee granted approval to pursue the appeal to the Supreme Court
  • Trustee entitled to be indemnified from the scheme's assets for its costs of the appeal and any adverse costs order