Ove Arup & Partners International Ltd vTrustees of the Arup UK Pension Scheme

RPI is replaced only if discontinued and another similar index is introduced or declared by the responsible body; functional replacement is not contemplated by the Scheme's rules. Trustee adjustment powers are limited to counteracting, mitigating, or allowing for the effect of specific changes in RPI composition, not to switching to CPI/CPIH.

Parties: Claimant: Ove Arup & Partners International Ltd; Defendants: Trustees of the Arup UK Pension Scheme
Jurisdiction: England and Wales
Judgment Date: 05 May 2020
Procedural Posture: Part 8 Claim / Final Judgment
Outcome: Claim dismissed
Legal Topics: Interpretation of Pension Scheme Rules, Indexation of Benefits, Statutory Construction, Trustee Powers

Pensions Trusts Contract Interpretation of Pension Scheme Rules Indexation of Benefits Statutory Construction Trustee Powers

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Parties

Ove Arup & Partners International Ltd

Claimant

Trustees of the Arup UK Pension Scheme

Defendants

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

1 Whether RPI has been replaced by CPI or CPIH for purposes of the Scheme's rules
2 Whether a change in composition of RPI triggers trustee powers to adjust calculations
3 Whether trustees can switch to CPI/CPIH based on changes in RPI composition

Ratio Decidendi

Court Disposition

Claim dismissed