Sarah Margaret Ballard v Jonathan Buzzard

Sarah Margaret Ballard v Jonathan Buzzard

The court found that the evidence overwhelmingly demonstrated a common intention by the Trustees and the College that Mr Beauchamp's signature was to be effective both as a Trustee and on behalf of the College. The court ordered rectification of the signature blocks on the SAAs and the 2006 Trust Deed to reflect this intention, thereby validating the amendments.

Parties
Claimant: Sarah Margaret Ballard; Claimant: William James Alexander Bennett; Claimant: Deborah Blackmore; Claimant: John Francis Nugee; Claimant: Radley College; Defendant: Jonathan Buzzard
Jurisdiction
England and Wales
Judgment Date
11 May 2024
Procedural Posture
Civil (pensions/trusts) / Judgment After Trial
Outcome
Claim allowed; rectification granted
Legal Topics
Rectification of Trust Deeds, Execution of Pension Scheme Amendments, Capacity of Signatories, Interpretation of Pension Scheme Rules
Trust Law Pensions Law Rectification of Trust Deeds Execution of Pension Scheme Amendments Capacity of Signatories Interpretation of Pension Scheme Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Sarah Margaret Ballard

Claimant

William James Alexander Bennett

Claimant

Deborah Blackmore

Claimant

John Francis Nugee

Claimant

Radley College

Claimant

Jonathan Buzzard

Defendant

Procedural Posture

Civil (pensions/trusts) / Judgment After Trial

Legal Issues

  1. 1 Whether the Scheme Amendment Authorities (SAAs) were validly executed under the Scheme's amendment power
  2. 2 Whether the 2006 Trust Deed should be rectified to reflect the parties' common intention regarding pension increases

Ratio Decidendi

The court found that the evidence overwhelmingly demonstrated a common intention by the Trustees and the College that Mr Beauchamp's signature was to be effective both as a Trustee and on behalf of the College. The court ordered rectification of the signature blocks on the SAAs and the 2006 Trust Deed to reflect this intention, thereby validating the amendments.

Court Disposition

Claim allowed; rectification granted

Orders

  • Rectification of the signature blocks on the 2001 and 2005 SAAs to confirm Mr Beauchamp signed in both capacities
  • Rectification of the 2006 Trust Deed to reflect the intended pension increase provisions