PI Consulting (Trustee Services) Ltd v The Pensions Regulator & Ors

PI Consulting (Trustee Services) Ltd v The Pensions Regulator & Ors

On the true construction of the deeds and rules, and assuming they are not shams, the 5G Futures Pension Scheme and the 8 schemes represented by Dalriada satisfy the statutory definition of 'occupational pension scheme' under section 1 of the Pension Schemes Act 1993, as their purpose is to provide benefits to people with service in employments of a description and others, and the founder companies, having directors, meet the founder test.

Parties
Claimant: PI Consulting (Trustee Services) Ltd; Defendant: The Pensions Regulator; Defendant: Garry John Williams (alias John Garry Williams); Defendant: Susan Lynn Huxley; Defendant: 5G Futures Limited; Defendant: 5G Wealth Management Limited; Claimant: Dalriada Trustees Limited; Defendant: Nidd Vale Trustees Limited; Defendant: Trainor Management Services Ltd; Defendant: Ironstream Ltd; Defendant: Chappell Crest Ltd; Defendant: Talton Management Ltd; Defendant: Fairdon Services Ltd; Defendant: Strator Services Ltd; Defendant: Rotinar Ltd; Defendant: Herman and Peters Ltd; Defendant: Grey Peak Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2013
Procedural Posture
Civil (part 8 Claim) / Judgment After Adversarial Hearing
Outcome
Declarations granted in favour of Pi and Dalriada.
Legal Topics
Definition of Occupational Pension Scheme, Pension Schemes Act 1993 Section 1, Trustee Appointment, Purpose Test for Pension Schemes
Pensions Law Trusts Law Statutory Interpretation Definition of Occupational Pension Scheme Pension Schemes Act 1993 Section 1 Trustee Appointment Purpose Test for Pension Schemes

Case Brief

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Parties

PI Consulting (Trustee Services) Ltd

Claimant

The Pensions Regulator

Defendant

Garry John Williams (alias John Garry Williams)

Defendant

Susan Lynn Huxley

Defendant

5G Futures Limited

Defendant

5G Wealth Management Limited

Defendant

Dalriada Trustees Limited

Claimant

Nidd Vale Trustees Limited

Defendant

Trainor Management Services Ltd

Defendant

Ironstream Ltd

Defendant

Chappell Crest Ltd

Defendant

Talton Management Ltd

Defendant

Fairdon Services Ltd

Defendant

Strator Services Ltd

Defendant

Rotinar Ltd

Defendant

Herman and Peters Ltd

Defendant

Grey Peak Ltd

Defendant

Procedural Posture

Civil (part 8 Claim) / Judgment After Adversarial Hearing

Legal Issues

  1. 1 Whether the 5G Futures Pension Scheme and 8 other schemes are 'occupational pension schemes' within section 1 of the Pension Schemes Act 1993
  2. 2 Whether the schemes satisfy the statutory 'purpose' and 'founder' tests under section 1 of PSA 1993

Ratio Decidendi

On the true construction of the deeds and rules, and assuming they are not shams, the 5G Futures Pension Scheme and the 8 schemes represented by Dalriada satisfy the statutory definition of 'occupational pension scheme' under section 1 of the Pension Schemes Act 1993, as their purpose is to provide benefits to people with service in employments of a description and others, and the founder companies, having directors, meet the founder test.

Court Disposition

Declarations granted in favour of Pi and Dalriada.

Orders

  • Declaration that the 5G Futures Pension Scheme is an occupational pension scheme within section 1 of the Pension Schemes Act 1993.
  • Declaration that each of the 8 schemes of which Dalriada is trustee is an occupational pension scheme within section 1 of the Pension Schemes Act 1993.