MCP Pension Trustees Ltd v AON Pension Trustees Ltd

MCP Pension Trustees Ltd v AON Pension Trustees Ltd

Section 27 of the Trustee Act 1925 does not protect a trustee from liability where the trustee had notice (actual, constructive, or imputed) of the claims of overlooked members at the time of distribution, even if such notice was forgotten or overlooked; MCP had actual notice of the D&R Works Transferees and is liable to them.

Parties
Claimant: MCP Pension Trustees Limited; Defendant: AON Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Preliminary issue determined against AON; MCP is liable to the D&R Works Transferees.
Legal Topics
Trustee Liability, Notice Under Trustee Act, Pension Scheme Administration, Breach of Contract, Negligence, Limitation of Actions
Trusts Pensions Contract Tort Trustee Liability Notice Under Trustee Act Pension Scheme Administration Breach of Contract +2 more

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MCP Pension Trustees Limited

Claimant

AON Pension Trustees Limited

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether section 27 Trustee Act 1925 protects MCP from liability to overlooked pension scheme members
  2. 2 Whether MCP had notice of the claims of the D&R Works Transferees at the time of distribution
  3. 3 Whether forgetfulness or oversight negates notice for purposes of section 27

Ratio Decidendi

Section 27 of the Trustee Act 1925 does not protect a trustee from liability where the trustee had notice (actual, constructive, or imputed) of the claims of overlooked members at the time of distribution, even if such notice was forgotten or overlooked; MCP had actual notice of the D&R Works Transferees and is liable to them.

Court Disposition

Preliminary issue determined against AON; MCP is liable to the D&R Works Transferees.

Orders

  • Action to proceed; MCP not protected by section 27 Trustee Act 1925 in respect of D&R Works Transferees.