FDR Ltd v Dutton & Ors [2017] EWCA Civ 200 (29 March 2017)

FDR Ltd v Dutton & Ors [2017] EWCA Civ 200 (29 March 2017)

The correct method is the Modified Cumulative Approach, which preserves the pensioner's right to receive at least what would have been payable under the old rules, but does not entitle the pensioner to a blended or more generous increase than either the old or new rules would provide individually.

Source-derived case information.

Citation
[2017] EWCA Civ 200
Parties
Appellant: FDR Limited; Respondent: Carol Dutton; Respondent: David Lawrence; Respondent: Ty Miller; Respondent: Peter Motley; Respondent: Keith Rowling
Jurisdiction
England and Wales
Judgment Date
29 March 2017
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Pension Scheme Amendments, Accrued Rights Protection, Interpretation of Pension Deeds
Pensions Trusts Employment Pension Scheme Amendments Accrued Rights Protection Interpretation of Pension Deeds

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Summary, issues, holding and outcome

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Parties

FDR Limited

Appellant

Carol Dutton

Respondent

David Lawrence

Respondent

Ty Miller

Respondent

Peter Motley

Respondent

Keith Rowling

Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 How do amended pension scheme rules interact with accrued rights under previous rules?
  2. 2 What is the correct method for calculating annual pension increases for pre-20 June 1991 service?

Ratio Decidendi

The correct method is the Modified Cumulative Approach, which preserves the pensioner's right to receive at least what would have been payable under the old rules, but does not entitle the pensioner to a blended or more generous increase than either the old or new rules would provide individually.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed. The Modified Cumulative Approach is the correct method for calculating annual pension increases for pre-20 June 1991 service.