Burgess & Ors v BIC UK Ltd

Burgess & Ors v BIC UK Ltd

The Pre-97 Increases were validly granted by virtue of clause 4 and 9 of the 1993 Deed and rules 3(c)(iii) and 9(a) of the 1993 Rules, which could take retrospective effect from 6 August 1990 without impermissibly rewriting history. The decision was irrevocable and payment cannot now be stopped.

Parties
Claimant: Michael John Burgess; Claimant: Benoit Chambonnet; Claimant: David Everitt; Defendant: BIC UK Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Civil / Final Judgment
Outcome
Claimants succeed; Pre-97 Increases were validly granted and cannot now be stopped.
Legal Topics
Pension Scheme Surplus, Indexation of Pensions, Trustee Powers, Retrospective Amendments, Equitable Recoupment, Estoppel, Limitation, Laches
Pensions Trusts Employment Pension Scheme Surplus Indexation of Pensions Trustee Powers Retrospective Amendments Equitable Recoupment +3 more

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Parties

Michael John Burgess

Claimant

Benoit Chambonnet

Claimant

David Everitt

Claimant

BIC UK Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Were the Pre-97 Increases properly paid?
  2. 2 If the Pre-97 Increases were properly paid, can they now be stopped?
  3. 3 If the Pre-97 Increases were not properly paid, can the Trustees now recover from the pensioners the payments made since 1992?

Ratio Decidendi

The Pre-97 Increases were validly granted by virtue of clause 4 and 9 of the 1993 Deed and rules 3(c)(iii) and 9(a) of the 1993 Rules, which could take retrospective effect from 6 August 1990 without impermissibly rewriting history. The decision was irrevocable and payment cannot now be stopped.

Court Disposition

Claimants succeed; Pre-97 Increases were validly granted and cannot now be stopped.

Orders

  • Payment of Pre-97 Increases to relevant pensioners must be reinstated.
  • No recovery of past payments from pensioners.