Saga Group Ltd & Anor v Paul

Saga Group Ltd & Anor v Paul

The court found convincing proof that rule 57.2 of the 2003 Deed did not reflect the objective intentions of the company and trustees, who intended to retain 'Final Pensionable Salary' as the basis for pension calculation. The evidential threshold for rectification was met, and summary judgment was appropriate as there was no real prospect of defending the claim.

Parties
Claimant: Saga Group Limited; Claimant: Saga Pension Trustee Limited; Defendant: Michelle Paul
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Civil / Summary Judgment
Outcome
summary judgment granted for claimants
Legal Topics
Rectification of Pension Scheme Deed, Representation Orders, Summary Judgment Procedure, Open Justice Principle
Pensions Trusts Rectification Rectification of Pension Scheme Deed Representation Orders Summary Judgment Procedure Open Justice Principle

Case Brief

Summary, issues, holding and outcome

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Parties

Saga Group Limited

Claimant

Saga Pension Trustee Limited

Claimant

Michelle Paul

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether rule 57.2 of the 2003 Deed should be rectified to substitute 'Final Pensionable Salary' for 'Pensionable Salary'
  2. 2 Whether the court should grant summary judgment for rectification based on common mistake
  3. 3 Whether representation orders should be made for affected scheme members

Ratio Decidendi

The court found convincing proof that rule 57.2 of the 2003 Deed did not reflect the objective intentions of the company and trustees, who intended to retain 'Final Pensionable Salary' as the basis for pension calculation. The evidential threshold for rectification was met, and summary judgment was appropriate as there was no real prospect of defending the claim.

Court Disposition

summary judgment granted for claimants

Orders

  • Rectification of the 2003 Deed by substituting 'Final Pensionable Salary' for 'Pensionable Salary' in rule 57.2.
  • Appointment of Saga Pension Trustee Limited as representative of persons in whose interests rectification is granted.