Axminster Carpets Group Retirement Benefits Plan, Re [2021] EWHC 1652 (Ch) (17 June 2021)

Axminster Carpets Group Retirement Benefits Plan, Re [2021] EWHC 1652 (Ch) (17 June 2021)

Claims for pension increase arrears by beneficiaries under the Axminster Carpets Group Retirement Benefits Plan are not subject to a limitation period under s.21(3) Limitation Act 1980, as they fall within s.21(1)(b) as actions to recover trust property in the possession of the trustee. The court approves the...

Source-derived case information.

Citation
[2021] EWHC 1652 (Ch)
Parties
Claimant: Punter Southall Governance Services Limited; Defendant: Jonathan Hazlett
Jurisdiction
England and Wales
Judgment Date
17 June 2021
Procedural Posture
Compromise Approval and Determination of Pension Trust Issues / Judgment After Hearing
Outcome
Compromise approved, declaratory relief granted, re Benjamin orders made, further directions reserved.
Legal Topics
Limitation of Actions, Forfeiture of Pension Arrears, Interest on Pension Arrears, Validity of Pension Scheme Amendments, Jurisdiction Under Re Benjamin, Section 37 Pension Schemes Act 1993, Section 21 Limitation Act 1980
Trusts Pensions Limitation Contract Limitation of Actions Forfeiture of Pension Arrears Interest on Pension Arrears Validity of Pension Scheme Amendments +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Punter Southall Governance Services Limited

Claimant

Jonathan Hazlett

Defendant

Procedural Posture

Compromise Approval and Determination of Pension Trust Issues / Judgment After Hearing

Legal Issues

  1. 1 Whether limitation period applies to claims for pension increase arrears under s.21 Limitation Act 1980
  2. 2 Validity of amendments to pension scheme rules under section 37 Pension Schemes Act 1993
  3. 3 Scope and effect of forfeiture provisions in clause 25 of 1992 DDR and rule 36 of 2001 DDR

Ratio Decidendi

Claims for pension increase arrears by beneficiaries under the Axminster Carpets Group Retirement Benefits Plan are not subject to a limitation period under s.21(3) Limitation Act 1980, as they fall within s.21(1)(b) as actions to recover trust property in the possession of the trustee. The court approves the compromise of pension increase and non-increase issues, grants declaratory relief as to the validity of certain scheme amendments, and makes re Benjamin orders to facilitate administration. Forfeiture provisions in clause 25 of 1992 DDR and rule 36 of 2001 DDR are interpreted as set out in the judgment, with rule 36 providing for automatic forfeiture subject to trustee discretion....

Court Disposition

Compromise approved, declaratory relief granted, re Benjamin orders made, further directions reserved.

Orders

  • Approval of compromise of pension increase issues under CPR r.19.7(5) and (6)
  • Declarations as to validity of amendments to rules 20.1, 20.2, Appendix 1, 20.3, and 21.2 of 2001 DDR