Ashley James Wilson v Port of Felixstowe Pension Trustee Limited

Ashley James Wilson v Port of Felixstowe Pension Trustee Limited

The claim is barred by the final and binding determination of the Pensions Ombudsman, which included the construction of the relevant pension scheme rules. The claimant did not appeal the determination, and the issues are res judicata. The claim discloses no reasonable grounds and is an abuse of process.

Parties
Claimant/respondent: Ashley James Wilson; Defendant/applicant: Port of Felixstowe Pension Trustee Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2025
Procedural Posture
Civil / Application to Strike Out or for Reverse Summary Judgment
Outcome
claim struck out
Legal Topics
Res Judicata, Strike Out, Summary Judgment, Construction of Pension Scheme Rules, Pensions Ombudsman Determinations
Pensions Civil Procedure Res Judicata Strike Out Summary Judgment Construction of Pension Scheme Rules Pensions Ombudsman Determinations

Case Brief

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Parties

Ashley James Wilson

Claimant/respondent

Port of Felixstowe Pension Trustee Limited

Defendant/applicant

Procedural Posture

Civil / Application to Strike Out or for Reverse Summary Judgment

Legal Issues

  1. 1 Whether the claim is barred by the final and binding determination of the Pensions Ombudsman under section 151(3) and (4) of the Pension Schemes Act 1993
  2. 2 Whether the construction of the pension scheme rules was determined by the Ombudsman
  3. 3 Whether the claim discloses reasonable grounds or is an abuse of process

Ratio Decidendi

The claim is barred by the final and binding determination of the Pensions Ombudsman, which included the construction of the relevant pension scheme rules. The claimant did not appeal the determination, and the issues are res judicata. The claim discloses no reasonable grounds and is an abuse of process.

Court Disposition

claim struck out

Orders

  • The claim is struck out under CPR 3.4(2)(a) as disclosing no reasonable grounds for bringing the claim.
  • Alternatively, the claim is struck out as an abuse of process under CPR 3.4(2)(b).