Pioneer G Ltd v Webb & Ors [2011] EWHC 2683 (Ch) (22 July 2011)

Pioneer G Ltd v Webb & Ors [2011] EWHC 2683 (Ch) (22 July 2011)

The evidence establishes that both the claimant and the trustees intended and agreed to equalise the normal pension date at 65 for all members (except certain executives), but this was omitted from the Consolidating Deed by mistake. Rectification is therefore granted to reflect the true intention.

Citation
[2011] EWHC 2683 (Ch)
Parties
Claimant: Pioneer GB Limited; Defendant: Robert Arthur Webb; Defendant: Independent Trustee Services Ltd; Defendant: Debra June Ryan; Defendant: Geoffrey Clive Wood
Jurisdiction
England and Wales
Judgment Date
22 July 2011
Procedural Posture
Civil (chancery) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant; rectification ordered.
Legal Topics
Rectification of Deed, Pension Scheme Rules, Mistake in Legal Instruments, Equalisation of Retirement Ages
Equity Trusts and Pensions Rectification of Deed Pension Scheme Rules Mistake in Legal Instruments Equalisation of Retirement Ages

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Parties

Pioneer GB Limited

Claimant

Robert Arthur Webb

Defendant

Independent Trustee Services Ltd

Defendant

Debra June Ryan

Defendant

Geoffrey Clive Wood

Defendant

Procedural Posture

Civil (chancery) / Summary Judgment Application

Legal Issues

  1. 1 Whether the Consolidating Deed should be rectified to reflect the parties' true intention regarding the normal pension date for scheme members
  2. 2 Whether the definition of 'Normal pension date' was included in error

Ratio Decidendi

The evidence establishes that both the claimant and the trustees intended and agreed to equalise the normal pension date at 65 for all members (except certain executives), but this was omitted from the Consolidating Deed by mistake. Rectification is therefore granted to reflect the true intention.

Court Disposition

Summary judgment granted for the claimant; rectification ordered.

Orders

  • Rectification of the definition of 'Normal pension date' in the Consolidating Deed to reflect equalisation at age 65 for all members except those specified as executives.