Smithson & Ors v Hamilton [2008] EWCA Civ 996 (23 July 2008)

Smithson & Ors v Hamilton [2008] EWCA Civ 996 (23 July 2008)

The court approved the compromise under CPR 19.7, being satisfied that it was for the benefit of all represented parties, and ordered that the relevant words in the pension scheme be treated as being avoided, with the compromise to be binding 28 days after notification to members, allowing liberty to apply in the meantime.

Citation
[2008] EWCA Civ 996
Parties
Appellant: Smithson & Ors; Respondent: Hamilton
Jurisdiction
England and Wales
Judgment Date
23 July 2008
Procedural Posture
Appeal (civil) / Approval of Compromise Following Appeal and Cross Appeal
Outcome
Compromise approved; representation orders made; relevant pension scheme words treated as being avoided; costs order made.
Legal Topics
Rectification of Trust Documents, Mistake in Trust Deeds, Representative Proceedings, Approval of Compromise, Interpretation of Pension Scheme Rules
Trusts Pensions Equity Civil Procedure Rectification of Trust Documents Mistake in Trust Deeds Representative Proceedings Approval of Compromise +1 more

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Parties

Smithson & Ors

Appellant

Hamilton

Respondent

Procedural Posture

Appeal (civil) / Approval of Compromise Following Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the court should approve a compromise affecting members of a pension scheme under CPR 19.7
  2. 2 Whether the compromise is for the benefit of all represented parties
  3. 3 Whether the relevant pension scheme rule should be treated as avoided due to mistake

Ratio Decidendi

The court approved the compromise under CPR 19.7, being satisfied that it was for the benefit of all represented parties, and ordered that the relevant words in the pension scheme be treated as being avoided, with the compromise to be binding 28 days after notification to members, allowing liberty to apply in the meantime.

Court Disposition

Compromise approved; representation orders made; relevant pension scheme words treated as being avoided; costs order made.

Orders

  • Representation orders made under CPR 19.7.2 for respondent and sixth appellant to represent relevant classes of scheme members and dependants.
  • Compromise in the terms of the agreement contained in the schedule to the draft order approved under CPR 19.7.