Viavi Solutions UK Ltd v Viavi Solutions Pensions Trustee UK Ltd & Anor

Viavi Solutions UK Ltd v Viavi Solutions Pensions Trustee UK Ltd & Anor

The evidence, including pre- and post-execution documents and conduct, convincingly demonstrates that the inclusion of minimum pension increase underpins in rule 61.4 was an error and not intended by the parties; rectification is appropriate to remove the underpins and restore trustee discretion.

Parties
Claimant: Viavi Solutions UK Ltd; First Defendant: Viavi Solutions Pension Trustee UK Ltd; Second Defendant (representative Member): Jeffrey Cottrell
Jurisdiction
England and Wales
Judgment Date
20 September 2022
Procedural Posture
Claim for Rectification / Judgment on Application Under CPR 24.2
Outcome
Order for rectification granted; other orders in draft order made.
Legal Topics
Rectification of Pension Deeds, Trustee Discretion, Errors in Pension Scheme Rules
Pensions Trusts Rectification Rectification of Pension Deeds Trustee Discretion Errors in Pension Scheme Rules

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Parties

Viavi Solutions UK Ltd

Claimant

Viavi Solutions Pension Trustee UK Ltd

First Defendant

Jeffrey Cottrell

Second Defendant (representative Member)

Procedural Posture

Claim for Rectification / Judgment on Application Under CPR 24.2

Legal Issues

  1. 1 Whether rule 61.4 of the 1999 Deed and Rules was drafted in error by including minimum pension increase underpins
  2. 2 Whether rectification should be granted to remove the underpins and restore trustee discretion

Ratio Decidendi

The evidence, including pre- and post-execution documents and conduct, convincingly demonstrates that the inclusion of minimum pension increase underpins in rule 61.4 was an error and not intended by the parties; rectification is appropriate to remove the underpins and restore trustee discretion.

Court Disposition

Order for rectification granted; other orders in draft order made.

Orders

  • Rectification of rule 61.4 of the 1999 Deed and Rules to remove minimum pension increase underpins and restore trustee discretion.
  • Orders for representation granted.