Sovereign Trustees Ltd & Anor v Lewis

Sovereign Trustees Ltd & Anor v Lewis

There was ample objective evidence that neither the employer nor the trustee intended to alter the basis for spouses’ pension increases in the April, October, or January Deeds. The changes resulted from drafting errors, and the deeds failed to reflect the parties’ common intention. Rectification was therefore granted.

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 (rectification of Pension Scheme Trust Deeds) / Summary Judgment Application
Outcome
Rectification granted
Legal Topics
Rectification of Trust Deeds, Pension Scheme Amendments, Summary Judgment Procedure
Equity Trusts Pensions Law Rectification of Trust Deeds Pension Scheme Amendments Summary Judgment Procedure

Case Brief

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Parties

Sovereign Trustees Ltd

Claimant

1Life Management Solutions Ltd

Claimant

Patricia Lewis

Defendant

Procedural Posture

Part 8 Claim (rectification of Pension Scheme Trust Deeds) / Summary Judgment Application

Legal Issues

  1. 1 Whether the April, October, and January Deeds should be rectified to reflect the true intention of the parties regarding spouses’ pension increases
  2. 2 Whether there was a common continuing intention between the employer and trustee at the time of execution of the deeds
  3. 3 Whether the deeds failed to reflect that intention due to a drafting error

Ratio Decidendi

There was ample objective evidence that neither the employer nor the trustee intended to alter the basis for spouses’ pension increases in the April, October, or January Deeds. The changes resulted from drafting errors, and the deeds failed to reflect the parties’ common intention. Rectification was therefore granted.

Court Disposition

Rectification granted

Orders

  • Rectification of the April, October, and January Deeds to reflect the intended basis for spouses’ pension increases
  • Order amended under the slip rule on 13th September 2016 to correct minor errors