Trustee Solutions Ltd & Ors v Dubery & Anor

Trustee Solutions Ltd & Ors v Dubery & Anor

The rules of the pension scheme were not validly amended because the documents relied on were unsigned and did not comply with the requirement for 'writing effected under hand' by the trustees and the company. There is insufficient evidence to establish an estoppel binding the general body of members. Therefore, the Barber window remains open. Male members with Barber window service who attained age 60 before winding up have an entitlement falling within section 73(3)(b) of the Pensions Act 1995.

Parties
Claimant: Trustee Solutions Limited; Claimant: Stephen Patrick Comar; Claimant: Keith James Edwards; Defendant: Leslie Dubery; Defendant: Julia Cripps
Jurisdiction
England and Wales
Judgment Date
21 June 2006
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed in respect of valid amendment and estoppel; declaration made as to priority of payments under section 73(3)(b) of the Pensions Act 1995.
Legal Topics
Amendment of Pension Scheme Rules, Estoppel by Convention, Equal Treatment of Men and Women in Pensions, Interpretation of Trust Deeds, Priority of Pension Payments on Winding Up
Pensions Law Trust Law Employment Law Amendment of Pension Scheme Rules Estoppel by Convention Equal Treatment of Men and Women in Pensions Interpretation of Trust Deeds Priority of Pension Payments on Winding Up

Case Brief

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Parties

Trustee Solutions Limited

Claimant

Stephen Patrick Comar

Claimant

Keith James Edwards

Claimant

Leslie Dubery

Defendant

Julia Cripps

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the rules of the pension scheme were validly amended to raise the normal retirement age for female members
  2. 2 Whether an estoppel precludes members from alleging the rules were not validly amended
  3. 3 Whether the priority of payments under section 73 of the Pensions Act 1995 applies to male members with Barber window service

Ratio Decidendi

The rules of the pension scheme were not validly amended because the documents relied on were unsigned and did not comply with the requirement for 'writing effected under hand' by the trustees and the company. There is insufficient evidence to establish an estoppel binding the general body of members. Therefore, the Barber window remains open. Male members with Barber window service who attained age 60 before winding up have an entitlement falling within section 73(3)(b) of the Pensions Act 1995.

Court Disposition

Claim dismissed in respect of valid amendment and estoppel; declaration made as to priority of payments under section 73(3)(b) of the Pensions Act 1995.

Orders

  • Declaration that the rules of the Scheme have not been validly amended to raise the normal retirement age for female members.
  • Declaration that no estoppel arises to preclude members from asserting the rules were not validly amended.