Univar UK Ltd v Smith & Ors [2020] EWHC 1596 (Ch) (19 June 2020)

Univar UK Ltd v Smith & Ors [2020] EWHC 1596 (Ch) (19 June 2020)

The court found that the 2008 DDR was intended as a consolidation and not to alter the basis for pension increases or revaluation. The reference to RPI was a drafting error, and the common intention was to apply statutory requirements. Rectification was granted to substitute statutory requirements for RPI. Berk/PLAS and Opt-Out Members are not entitled to special terms beyond statutory requirements. Representation orders were made as sought.

Citation
[2020] EWHC 1596 (Ch)
Parties
Claimant: Univar UK Limited; Defendant: Stephen Brian Smith; Defendant: Robert Joseph Geary; Defendant: Mark Mongan; Defendant: Anthony Edward Corrigan; Defendant: Brian Douglas Morgan; Defendant: Daniel Mulchinock; Defendant: Paul Leighton; Defendant/representative Beneficiary: Phil Shimells
Jurisdiction
England and Wales
Judgment Date
19 June 2020
Procedural Posture
Claim for Rectification of Pension Scheme Deed and Rules / Final Judgment After Trial
Outcome
Rectification granted. Representation orders made. Counterclaims dismissed.
Legal Topics
Rectification, Interpretation of Pension Scheme Rules, Statutory Pension Increases, Estoppel, Representation Orders
Pensions Trusts Contract Equity Rectification Interpretation of Pension Scheme Rules Statutory Pension Increases Estoppel +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 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Univar UK Limited

Claimant

Stephen Brian Smith

Defendant

Robert Joseph Geary

Defendant

Mark Mongan

Defendant

Anthony Edward Corrigan

Defendant

Brian Douglas Morgan

Defendant

Daniel Mulchinock

Defendant

Paul Leighton

Defendant

Phil Shimells

Defendant/representative Beneficiary

Procedural Posture

Claim for Rectification of Pension Scheme Deed and Rules / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 2008 DDR should be rectified to reflect statutory pension increase and revaluation requirements instead of RPI
  2. 2 Whether Berk/PLAS members are entitled to RPI increases capped at 5% independently of other scheme members
  3. 3 Whether Opt-Out Members have contractual or equitable rights to RPI revaluation based on representations made during the opt-out process

Ratio Decidendi

The court found that the 2008 DDR was intended as a consolidation and not to alter the basis for pension increases or revaluation. The reference to RPI was a drafting error, and the common intention was to apply statutory requirements. Rectification was granted to substitute statutory requirements for RPI. Berk/PLAS and Opt-Out Members are not entitled to special terms beyond statutory requirements. Representation orders were made as sought.

Court Disposition

Rectification granted. Representation orders made. Counterclaims dismissed.

Orders

  • Rectification of 2008 DDR to substitute statutory requirements for RPI in pension increase and revaluation provisions.
  • Representation orders appointing Phil Shimells and Univar UK Limited as representatives of relevant classes.