Betafence Ltd v Veys & Ors [2006] EWHC 999 (Ch) (08 May 2006)

Betafence Ltd v Veys & Ors [2006] EWHC 999 (Ch) (08 May 2006)

The 1991 Amendment did not require employer consent for retirement between ages 60 and 65 for either sex to avoid pension deduction; the 1993 Amendment imposing consent was invalid to the extent it prejudiced accrued rights, but valid prospectively for benefits accruing after its adoption.

Source-derived case information.

Citation
[2006] EWHC 999 (Ch)
Parties
Claimant: Betafence Limited; Defendant: Edward Jerome Veys; Defendant: John Keith Carnell; Defendant: Kevin Mansell; Defendant: Derek Richard Hawkes; Defendant: Christopher William Robinson; Defendant: Roeland Van Den Dungen; Defendant: John Ferris; Defendant: Neil Holmes; Defendant: Gary Alfred Crookes
Jurisdiction
England and Wales
Judgment Date
08 May 2006
Procedural Posture
Chancery Division Civil / Final Judgment
Outcome
Claim for declaration dismissed; declaration granted in favour of beneficiaries
Legal Topics
Scheme Amendments, Equal Treatment, Retrospective Effect, Trustee Powers, Notification Requirements
Pensions Trusts Employment European Law Scheme Amendments Equal Treatment Retrospective Effect Trustee Powers +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Betafence Limited

Claimant

Edward Jerome Veys

Defendant

John Keith Carnell

Defendant

Kevin Mansell

Defendant

Derek Richard Hawkes

Defendant

Christopher William Robinson

Defendant

Roeland Van Den Dungen

Defendant

John Ferris

Defendant

Neil Holmes

Defendant

Gary Alfred Crookes

Defendant

Procedural Posture

Chancery Division Civil / Final Judgment

Legal Issues

  1. 1 Whether the 1991 Amendment required employer consent for early retirement between ages 60 and 65 without pension deduction
  2. 2 Validity of the 1993 Amendment imposing employer consent requirement
  3. 3 Effect of non-notification of amendment

Ratio Decidendi

The 1991 Amendment did not require employer consent for retirement between ages 60 and 65 for either sex to avoid pension deduction; the 1993 Amendment imposing consent was invalid to the extent it prejudiced accrued rights, but valid prospectively for benefits accruing after its adoption.

Court Disposition

Claim for declaration dismissed; declaration granted in favour of beneficiaries

Orders

  • 1991 Amendment interpreted as not requiring employer consent for retirement between ages 60 and 65 without deduction
  • 1993 Amendment invalid as regards accrued benefits prior to 17 November 1993; valid prospectively