IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors [2015] EWHC 1241 (Ch) (05 May 2015)

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors [2015] EWHC 1241 (Ch) (05 May 2015)

The RBs should have conduct of the entire appeal and any cross-appeal, including all NPA issues, Separation Programmes, and Consultation Breach, as this is the most principled and efficient approach. The Trustee is entitled to proper representation at the appeal and should not be limited to a note-taker. The number and identity of counsel for the RBs and the Trustee's representation are to be addressed at the prospective costs application hearing.

Citation
[2015] EWHC 1241 (Ch)
Parties
Claimant: IBM United Kingdom Holdings Limited; Claimant: IBM United Kingdom Limited; Defendant: Stuart Dalgleish; Defendant: Lizanne Harrison; Defendant: IBM United Kingdom Pensions Trust Limited
Jurisdiction
England and Wales
Judgment Date
05 May 2015
Procedural Posture
Directions/case Management / Post Judgment, Pre Permission to Appeal Hearing
Outcome
Directions given: RBs to have conduct of entire appeal and cross-appeal; Trustee entitled to representation at appeal; further directions on costs and representation to be addressed at costs application hearing.
Legal Topics
Appeals, Representation of Parties, Costs Management, Trustee Duties
Pensions Trusts Civil Procedure Appeals Representation of Parties Costs Management Trustee Duties

Case Brief

Summary, issues, holding and outcome

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Parties

IBM United Kingdom Holdings Limited

Claimant

IBM United Kingdom Limited

Claimant

Stuart Dalgleish

Defendant

Lizanne Harrison

Defendant

IBM United Kingdom Pensions Trust Limited

Defendant

Procedural Posture

Directions/case Management / Post Judgment, Pre Permission to Appeal Hearing

Legal Issues

  1. 1 Who should have conduct of the appeal and cross-appeal on various issues (NPAs, Separation Programmes, Consultation Breach, exemplary damages)
  2. 2 Whether the Trustee should be represented at the appeal or limited to a note-taker
  3. 3 How to allocate representation to avoid duplication and excessive costs

Ratio Decidendi

The RBs should have conduct of the entire appeal and any cross-appeal, including all NPA issues, Separation Programmes, and Consultation Breach, as this is the most principled and efficient approach. The Trustee is entitled to proper representation at the appeal and should not be limited to a note-taker. The number and identity of counsel for the RBs and the Trustee's representation are to be addressed at the prospective costs application hearing.

Court Disposition

Directions given: RBs to have conduct of entire appeal and cross-appeal; Trustee entitled to representation at appeal; further directions on costs and representation to be addressed at costs application hearing.

Orders

  • RBs to conduct all aspects of the appeal and any cross-appeal.
  • Trustee entitled to proper representation at appeal, not limited to a note-taker.