McShee v MMC UK Pension Fund Trustees Ltd

McShee v MMC UK Pension Fund Trustees Ltd

The appeal was dismissed because the Ombudsman's finding that Mr McShee was not a member of the DCF Scheme was a factual determination open to him on the evidence, and no error of law was shown. The court could not interfere with the Ombudsman's assessment of the evidence, and the requirements for admitting fresh evidence on appeal were not met.

Parties
Appellant: Michael N McShee; Respondent: MMC UK Pension Fund Trustees Ltd
Jurisdiction
England and Wales
Judgment Date
30 June 2016
Procedural Posture
Appeal From Pensions Ombudsman / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Burden of Proof, Deferred Pension Entitlement, Successor Pension Schemes, Admission of Fresh Evidence on Appeal
Pensions Law Administrative Law Burden of Proof Deferred Pension Entitlement Successor Pension Schemes Admission of Fresh Evidence on Appeal

Case Brief

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Parties

Michael N McShee

Appellant

MMC UK Pension Fund Trustees Ltd

Respondent

Procedural Posture

Appeal From Pensions Ombudsman / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr McShee was a member of the DCF Scheme and entitled to a deferred pension under its rules
  2. 2 Whether the Ombudsman erred in law in his determination
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The appeal was dismissed because the Ombudsman's finding that Mr McShee was not a member of the DCF Scheme was a factual determination open to him on the evidence, and no error of law was shown. The court could not interfere with the Ombudsman's assessment of the evidence, and the requirements for admitting fresh evidence on appeal were not met.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no error of law found in the Ombudsman's determination.
  • Application to admit fresh evidence refused.