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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the April, October, and January Deeds should be rectified to correct drafting errors affecting spouses' pension increases
- 2 Whether the parties had a common continuing intention regarding the relevant amendments
- 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.
Full Case Text
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