Sheffield v Kier Group Plc & Ors

Sheffield v Kier Group Plc & Ors

The Ombudsman erred in law by determining the due date for pension payment and retirement date, as these issues were not referred to him and thus outside his statutory jurisdiction. The appeal is allowed on this ground. The Ombudsman did not err in refusing a costs direction or in his reasoning on other matters.

Parties
Appellant: Michael Joseph Forster Sheffield; First Respondent: Kier Group PLC; Second Respondent: Middlesbrough Council; Third Respondent: The Trustees of the Teesside Pension Fund
Jurisdiction
England and Wales
Judgment Date
23 April 2019
Procedural Posture
Appeal / High Court Judgment on Appeal From Pensions Ombudsman
Outcome
Appeal allowed in part
Legal Topics
Jurisdiction of Pensions Ombudsman, Interest on Late Pension Payments, Costs in Ombudsman Proceedings, Statutory Interpretation
Pensions Law Administrative Law Jurisdiction of Pensions Ombudsman Interest on Late Pension Payments Costs in Ombudsman Proceedings Statutory Interpretation

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Parties

Michael Joseph Forster Sheffield

Appellant

Kier Group PLC

First Respondent

Middlesbrough Council

Second Respondent

The Trustees of the Teesside Pension Fund

Third Respondent

Procedural Posture

Appeal / High Court Judgment on Appeal From Pensions Ombudsman

Legal Issues

  1. 1 Whether the Pensions Ombudsman had jurisdiction to determine the due date for pension payment and retirement date under regulation 94 of the Local Government Pension Scheme Regulations 1997
  2. 2 Whether interest is payable on arrears of later annual pensions under regulation 94
  3. 3 Whether the Ombudsman erred in refusing a costs direction

Ratio Decidendi

The Ombudsman erred in law by determining the due date for pension payment and retirement date, as these issues were not referred to him and thus outside his statutory jurisdiction. The appeal is allowed on this ground. The Ombudsman did not err in refusing a costs direction or in his reasoning on other matters.

Court Disposition

Appeal allowed in part

Orders

  • The Ombudsman's determination is set aside to the extent it determined the due date for pension payment and retirement date. The remainder of the appeal is dismissed. Directions for further submissions on giving effect to the judgment.