Unipart Group Ltd & Anor v UGC Pension Trustees Ltd & Anor

The court found convincing evidence that the drafting error in the pension scheme deed did not reflect the parties' intention, and all elements of the rectification test were met. The delay in seeking rectification did not affect the exercise of discretion due to the compelling evidence provided.

Parties: Claimant/applicant: Unipart Group Limited; Claimant/applicant: Unipart Group of Companies Limited; Defendant/respondent: UGC Pension Trustees Limited; Defendant/respondent: Gerard O'Hara
Jurisdiction: England and Wales
Judgment Date: 27 March 2018
Procedural Posture: Part 8 Claim / Disposal Hearing
Outcome: Order for rectification granted
Legal Topics: Rectification of Pension Scheme Deed, Representation Order, Merger of Pension Schemes, Revaluation of Deferred Pensions

Trusts Pensions Property Law Rectification of Pension Scheme Deed Representation Order Merger of Pension Schemes Revaluation of Deferred Pensions

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Parties

Unipart Group Limited

Claimant/applicant

Unipart Group of Companies Limited

Claimant/applicant

UGC Pension Trustees Limited

Defendant/respondent

Gerard O'Hara

Defendant/respondent

Procedural Posture

Part 8 Claim / Disposal Hearing

Legal Issues

1 Whether rectification of the Unipart Group Pension Scheme Deed and Rules is appropriate
2 Whether the representation order appointing Mr O'Hara is proper
3 Whether delay affects the exercise of discretion for rectification

Ratio Decidendi

Court Disposition

Order for rectification granted

Orders

Rectification of the Unipart Group Pension Scheme Deed and Rules in the terms sought
Representation order appointing Mr O'Hara as representative of affected beneficiaries