Hearn & Ors v Dobson & Anor

Hearn & Ors v Dobson & Anor

The court held that, following the creation of Separate Funds for HBF and HBM, the Construction Confederation Staff Pension Scheme would not be a scheme in relation to which there is more than one employer, as only CC would remain an employer. Therefore, paragraph 1 of Schedule 2 to the Scheme Funding Regulations does not apply, and the Scheme remains a single scheme for the purposes of Part 3 of the Pensions Act 2004. Accordingly, the assets and liabilities of the Separate Funds must be included when determining the rates of contribution payable by and on behalf of the remaining employer(s).

Parties
Claimant: Ann Hearn; Claimant: Henry Bailey; Claimant: Patricia Elizabeth Bridge; Claimant: Maurice Denyer; Claimant: John Southworth; Defendant: Mervyn Dobson; Defendant: Stephen Ratcliffe
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Originating Summons / Judgment
Outcome
Claim allowed; question answered in the affirmative.
Legal Topics
Pension Scheme Funding, Multi Employer Pension Schemes, Statutory Funding Objective, Interpretation of Pension Regulations, Scheme Sections and Separate Funds
Pensions Law Trusts Law Pension Scheme Funding Multi Employer Pension Schemes Statutory Funding Objective Interpretation of Pension Regulations Scheme Sections and Separate Funds

Case Brief

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ann Hearn

Claimant

Henry Bailey

Claimant

Patricia Elizabeth Bridge

Claimant

Maurice Denyer

Claimant

John Southworth

Claimant

Mervyn Dobson

Defendant

Stephen Ratcliffe

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether assets and liabilities of Separate Funds set up under Rule M2 should be included for the purposes of Part 3 of the Pensions Act 2004 when determining contribution rates for employers other than HBF and HBM.

Ratio Decidendi

The court held that, following the creation of Separate Funds for HBF and HBM, the Construction Confederation Staff Pension Scheme would not be a scheme in relation to which there is more than one employer, as only CC would remain an employer. Therefore, paragraph 1 of Schedule 2 to the Scheme Funding Regulations does not apply, and the Scheme remains a single scheme for the purposes of Part 3 of the Pensions Act 2004. Accordingly, the assets and liabilities of the Separate Funds must be included when determining the rates of contribution payable by and on behalf of the remaining employer(s).

Court Disposition

Claim allowed; question answered in the affirmative.

Orders

  • The assets and liabilities attributable to Separate Funds set up under Rule M2 in respect of HBF and HBM must be included for the purposes of Part 3 of the Pensions Act 2004 when determining contribution rates for other employers.