Safeway Ltd v Newton & Anor

Clause 19 of the 1984 Deed only permits amendment by deed, not by announcement; the judge was correct on this construction issue. The EU law issue regarding retrospective levelling down during the Barber window is not acte clair and requires reference to the Court of Justice for determination.

Parties: Appellant: Safeway Limited; First Respondent: Andrew Newton; Second Respondent: Safeway Pension Trustees Limited
Jurisdiction: England and Wales
Judgment Date: 05 October 2017
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed on construction issue; EU law issue referred to Court of Justice.
Legal Topics: Equalisation of Pension Ages, Amendment of Pension Scheme, Retrospective Amendments, EU Principle of Equal Treatment, Barber Window

Pensions Trusts Employment EU Law Equalisation of Pension Ages Amendment of Pension Scheme Retrospective Amendments EU Principle of Equal Treatment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1

Parties

Safeway Limited

Appellant

Andrew Newton

First Respondent

Safeway Pension Trustees Limited

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the power to amend the pension scheme could be exercised by announcement or only by deed
2 Whether retrospective amendment to equalise pension ages is prohibited by EU law (Article 119)
3 Effect of the Barber window on pension rights

Ratio Decidendi

Court Disposition

Appeal dismissed on construction issue; EU law issue referred to Court of Justice.

Orders

Appeal dismissed as to construction of Clause 19
Reference to Court of Justice on EU law issue regarding retrospective levelling down