Smithson & Ors v Hamilton [2007] EWHC 2900 (Ch) (10 December 2007)

Smithson & Ors v Hamilton [2007] EWHC 2900 (Ch) (10 December 2007)

The court held that the Hastings-Bass principle does not apply because the mistake in rule 3.5.2.1 adversely affected the employer, not the beneficiaries, and the trustees did not fail to take into account relevant considerations in a manner that would justify setting aside the rule. Relief in equity for mistake was also denied as the circumstances did not meet the threshold for equitable intervention. The claim and counterclaim both fail.

Citation
[2007] EWHC 2900 (Ch)
Parties
Claimant: David Smithson; Claimant: Ranjit Ramnani; Claimant: Martin Stevenson; Claimant: Miles Barnard; Claimant: Jane Williams; Claimant: Siemens Building Technologies Limited; Claimant: Siemens Building Technologies FE Limited; Claimant: Siemens Plc; Defendant: David Hamilton
Jurisdiction
England and Wales
Judgment Date
10 December 2007
Procedural Posture
Chancery Division Civil Claim / Final Judgment After Trial
Outcome
Claim and counterclaim dismissed
Legal Topics
Pension Scheme Rules, Mistake in Trust Deed, Hastings Bass Principle, Equalisation of Retirement Ages, Actuarial Reduction, Relief for Mistake
Trusts Pensions Equity Pension Scheme Rules Mistake in Trust Deed Hastings Bass Principle Equalisation of Retirement Ages Actuarial Reduction +1 more

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Parties

David Smithson

Claimant

Ranjit Ramnani

Claimant

Martin Stevenson

Claimant

Miles Barnard

Claimant

Jane Williams

Claimant

Siemens Building Technologies Limited

Claimant

Siemens Building Technologies FE Limited

Claimant

Siemens Plc

Claimant

David Hamilton

Defendant

Procedural Posture

Chancery Division Civil Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether rule 3.5.2.1 of the pension scheme is void or should be set aside under the Hastings-Bass principle
  2. 2 Whether relief in equity for mistake applies to the rule
  3. 3 Whether the counterclaim challenging normal retirement age and the validity of the Definitive Deed succeeds

Ratio Decidendi

The court held that the Hastings-Bass principle does not apply because the mistake in rule 3.5.2.1 adversely affected the employer, not the beneficiaries, and the trustees did not fail to take into account relevant considerations in a manner that would justify setting aside the rule. Relief in equity for mistake was also denied as the circumstances did not meet the threshold for equitable intervention. The claim and counterclaim both fail.

Court Disposition

Claim and counterclaim dismissed

Orders

  • No relief granted to claimants
  • No relief granted to defendant on counterclaim