Jones v Bright Capital Ltd & Ors

Jones v Bright Capital Ltd & Ors

The sum of £157,633 referred to in paragraph 38(3)(a) of the defence is the amount of a pension out of the Scheme, payable as from 2 September 2011, revalued in deferment and increased when in payment in accordance with Rule 23(1), and otherwise in accordance with the Scheme rules, as if payable by the Trustees from Scheme funds.

Parties
Claimant: Andrew Stewart Ross Jones; Defendant: Bright Capital Limited; Defendant: Old Mutual PLC; Defendant: Old Mutual Financial Services (UK) PLC
Jurisdiction
England and Wales
Judgment Date
07 December 2006
Procedural Posture
Civil / Judgment
Outcome
Declaration granted, subject to further submissions from Trustees.
Legal Topics
Redundancy, Pension Entitlement, Contractual Interpretation, Compromise Agreements
Employment Law Pensions Law Contract Law Redundancy Pension Entitlement Contractual Interpretation Compromise Agreements

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Parties

Andrew Stewart Ross Jones

Claimant

Bright Capital Limited

Defendant

Old Mutual PLC

Defendant

Old Mutual Financial Services (UK) PLC

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Proper construction of compromise agreement regarding pension entitlement
  2. 2 Admissibility of pre-action correspondence in contract interpretation
  3. 3 Obligation of defendants to procure pension payments and their incidents

Ratio Decidendi

The sum of £157,633 referred to in paragraph 38(3)(a) of the defence is the amount of a pension out of the Scheme, payable as from 2 September 2011, revalued in deferment and increased when in payment in accordance with Rule 23(1), and otherwise in accordance with the Scheme rules, as if payable by the Trustees from Scheme funds.

Court Disposition

Declaration granted, subject to further submissions from Trustees.

Orders

  • Declaration that as against the defendants, Mr Jones is entitled to be paid as and from 2nd September 2011 the annual sum of £157,633 (i) revalued in deferment as provided for by paragraph 38(3)(a) of the defence, (ii) increased when in payment in accordance with Rule 23(1) of the Scheme, and (iii) otherwise in...
  • Trustees to be given notice and opportunity to make submissions on the terms and appropriateness of the declaration.