Sovereign Trustees Ltd & Anor v Lewis [2016] EWHC 2593 (Ch) (18 October 2016)

Sovereign Trustees Ltd & Anor v Lewis [2016] EWHC 2593 (Ch) (18 October 2016)

The court found convincing objective evidence that the amendments to spouses' pension increases in the April, October, and January Deeds were unintended drafting errors, and that both the trustee and employer had a common continuing intention not to alter the benefit structure except as required for GAD certification. Rectification was granted to correct the deeds and reflect the parties' true intentions.

Citation
[2016] EWHC 2593 (Ch)
Parties
Claimant: Sovereign Trustees Ltd; Claimant: 1Life Management Solutions Ltd; Defendant: Patricia Lewis
Jurisdiction
England and Wales
Judgment Date
18 October 2016
Procedural Posture
Part 8 Claim for Rectification / Summary Judgment Application and Disposal Hearing
Outcome
Orders for rectification granted; summary judgment in favour of Claimants.
Legal Topics
Rectification of Trust Deeds, Drafting Errors in Pension Schemes, Representative Proceedings

Case Brief

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Parties

Sovereign Trustees Ltd

Claimant

1Life Management Solutions Ltd

Claimant

Patricia Lewis

Defendant

Procedural Posture

Part 8 Claim for Rectification / Summary Judgment Application and Disposal Hearing

  1. 1 Whether the April, October, and January Deeds should be rectified to correct drafting errors affecting spouses' pension increases
  2. 2 Whether the parties had a common continuing intention regarding the relevant amendments
  3. 3 Whether the deeds failed to reflect the parties' intentions due to mistake

Ratio Decidendi

The court found convincing objective evidence that the amendments to spouses' pension increases in the April, October, and January Deeds were unintended drafting errors, and that both the trustee and employer had a common continuing intention not to alter the benefit structure except as required for GAD certification. Rectification was granted to correct the deeds and reflect the parties' true intentions.

Court Disposition

Orders for rectification granted; summary judgment in favour of Claimants.

Orders

  • Rectification of the April, October, and January Deeds to correct the drafting errors regarding spouses' pension increases.
  • Representation order made for Patricia Lewis as representative defendant.