IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors

A division of representation between NPA breach and NPA remedies is undesirable; the RBs should have conduct of the entire appeal and any cross-appeal, including NPA issues, Separation Programmes, and Consultation Breach, as this ensures efficiency, continuity, and cost-effectiveness. The Trustee is entitled to proper representation at appeal, not limited to a note-taker.

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
Civil / Post Judgment Directions Regarding Conduct of Appeals and Cross Appeals
Outcome
RBs granted conduct of entire appeal and cross-appeal; Trustee entitled to proper representation at appeal.
Legal Topics
Appeals, Representation, Remedies, Costs
Pensions Civil Procedure Appeals Representation Remedies Costs

Case Brief

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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

Civil / Post Judgment Directions Regarding Conduct of Appeals and Cross Appeals

Legal Issues

  1. 1 Who should have conduct of appeals and cross-appeals regarding breach and remedies issues, including NPAs and Separation Programmes
  2. 2 Appropriate representation for the Trustee at appeal
  3. 3 Allocation of costs and counsel resources

Ratio Decidendi

A division of representation between NPA breach and NPA remedies is undesirable; the RBs should have conduct of the entire appeal and any cross-appeal, including NPA issues, Separation Programmes, and Consultation Breach, as this ensures efficiency, continuity, and cost-effectiveness. The Trustee is entitled to proper representation at appeal, not limited to a note-taker.

Court Disposition

RBs granted conduct of entire appeal and cross-appeal; Trustee entitled to proper representation at appeal.

Orders

  • RBs to conduct all aspects of appeal and cross-appeal, including NPA issues, Separation Programmes, and Consultation Breach.
  • Trustee entitled to proper representation at appeal, not restricted to a note-taker.