Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator

Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator

Section 43 Pensions Act 2004 applies to pre-commencement events; the appellants were associates of the employers at the relevant time under the Insolvency Act 1986; and it was reasonable for the Regulator to impose a Financial Support Direction on the appellants, given their responsibility for the structure and risks of the joint venture, the benefits received, and the policy objectives of the legislation. The Tribunal's decision disclosed no error of law and is upheld.

Parties
Appellant: Granada UK Rental & Retail Limited; Appellant: Granada Media Limited; Appellant: Granada Group Limited; Appellant: Granada Limited; Appellant: ITV plc; Respondent: The Pensions Regulator; Interested Party: Box Clever Trustees Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2019
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (tax and Chancery Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Financial Support Direction (fsd), Retrospectivity of Legislation, Association Under Insolvency Act, Reasonableness Test, Article 1 Protocol 1 ECHR (a1 P1), Pension Protection Fund (ppf), Corporate Structure and Liability
Pensions Law Company Law Administrative Law Human Rights Law Financial Support Direction (fsd) Retrospectivity of Legislation Association Under Insolvency Act Reasonableness Test +3 more

Case Brief

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Parties

Granada UK Rental & Retail Limited

Appellant

Granada Media Limited

Appellant

Granada Group Limited

Appellant

Granada Limited

Appellant

ITV plc

Appellant

The Pensions Regulator

Respondent

Box Clever Trustees Limited

Interested Party

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (tax and Chancery Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether section 43 Pensions Act 2004 can be applied retrospectively to events predating its commencement
  2. 2 Whether the appellants were 'associates' of the employers under the Insolvency Act 1986 at the relevant time
  3. 3 Whether it was reasonable to impose a Financial Support Direction on the appellants in the circumstances of the case

Ratio Decidendi

Section 43 Pensions Act 2004 applies to pre-commencement events; the appellants were associates of the employers at the relevant time under the Insolvency Act 1986; and it was reasonable for the Regulator to impose a Financial Support Direction on the appellants, given their responsibility for the structure and risks of the joint venture, the benefits received, and the policy objectives of the legislation. The Tribunal's decision disclosed no error of law and is upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeals are dismissed.
  • The decision of the Upper Tribunal is upheld.