ICM Computer Group Ltd & Ors v Colin Stribley & Ors

ICM Computer Group Ltd & Ors v Colin Stribley & Ors

The February Authority letter, when construed in light of the relevant background and the intention of the parties, validly amended the scheme rules to equalise normal retirement ages for male and female members at 65 for service after 1 March 1997, despite the absence of express wording to that effect.

Parties
Claimant: ICM Computer Group Limited; Claimant: ICM Business Continuity Services Limited; Claimant: ICM Computer Group (Scotland) Limited; Claimant: Network Disaster Recovery Limited; Claimant: Phoenix IT Services Limited; Claimant: Servo Limited; Defendant: Colin Stribley; Defendant: Sandra Strachan; Defendant: John Craig; Defendant: Paul Walker
Jurisdiction
England and Wales
Judgment Date
04 June 2013
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted; declaration made as sought by Claimants; representation order granted.
Legal Topics
Construction of Pension Scheme Documents, Equalisation of Retirement Ages, Amendment of Trust Deeds, EU Law Compliance
Pensions Trusts Employment Construction of Pension Scheme Documents Equalisation of Retirement Ages Amendment of Trust Deeds EU Law Compliance

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 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

ICM Computer Group Limited

Claimant

ICM Business Continuity Services Limited

Claimant

ICM Computer Group (Scotland) Limited

Claimant

Network Disaster Recovery Limited

Claimant

Phoenix IT Services Limited

Claimant

Servo Limited

Claimant

Colin Stribley

Defendant

Sandra Strachan

Defendant

John Craig

Defendant

Paul Walker

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the February 1997 amendment validly equalised normal retirement dates for male and female members at 65
  2. 2 Whether the amendment document can be construed to include the intended change despite missing express wording

Ratio Decidendi

The February Authority letter, when construed in light of the relevant background and the intention of the parties, validly amended the scheme rules to equalise normal retirement ages for male and female members at 65 for service after 1 March 1997, despite the absence of express wording to that effect.

Court Disposition

Summary judgment granted; declaration made as sought by Claimants; representation order granted.

Orders

  • Declaration that the rules of the Scheme were validly and effectively amended by the February Authority letter with effect from 1 March 1997, equalising normal retirement ages for male and female members at 65 for service after that date.
  • Representation order appointing Fourth Defendant to represent members and beneficiaries.