Barnardo’s v Buckinghamshire and others

Barnardo’s v Buckinghamshire and others

The definition clause for 'Retail Prices Index' in the pension scheme trust deed means the RPI or any index that replaces the RPI and is adopted by the trustees; trustees cannot select an alternative index unless the RPI has been officially discontinued and replaced.

Source-derived case information.

Parties
Appellant: Barnardo’s; Respondents: Trustees of the Barnardo Staff Pension Scheme (Miles Buckinghamshire, Neil Braithwaite, Alexis Cleveland, Elaine Diver, Lesley Lee, Hugh Mackintosh, Christopher Close); Respondent: Janet Forrest; Respondent: Malcolm Dick
Jurisdiction
England and Wales
Judgment Date
07 November 2018
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Pension Scheme Trust Deed, Indexation of Pensions, Replacement of Retail Prices Index, Trustee Powers
Trusts Pensions Contract Interpretation of Pension Scheme Trust Deed Indexation of Pensions Replacement of Retail Prices Index Trustee Powers

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Parties

Barnardo’s

Appellant

Trustees of the Barnardo Staff Pension Scheme (Miles Buckinghamshire, Neil Braithwaite, Alexis Cleveland, Elaine Diver, Lesley Lee, Hugh Mackintosh, Christopher Close)

Respondents

Janet Forrest

Respondent

Malcolm Dick

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the pension scheme trustees can adopt a replacement index for the Retail Prices Index when the RPI has not been discontinued
  2. 2 Proper interpretation of the definition clause for 'Retail Prices Index' in the pension scheme trust deed

Ratio Decidendi

The definition clause for 'Retail Prices Index' in the pension scheme trust deed means the RPI or any index that replaces the RPI and is adopted by the trustees; trustees cannot select an alternative index unless the RPI has been officially discontinued and replaced.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no need to address cross-appeal on subsisting rights provisions of the Pensions Act 1995