Colorcon Ltd v Huckell & Ors

Colorcon Ltd v Huckell & Ors

The evidence demonstrates that at the time of execution of the Definitive Deed and 1996 Rules, the employer and trustees shared the intention that deferred pensions would be revalued at 5% LPI, and rectification is appropriate to reflect this intention. There is convincing proof on the balance of probabilities, and summary judgment is granted as there is no real prospect of defending the claim.

Parties
Claimant: Colorcon Ltd; Defendant: Timothey Huckell; Defendant: Stephen Batchelor; Defendant: Susan Sampson; Defendant: Kevin McGlue; Defendant: Howard Stracey; Defendant: Simon Tasker
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for rectification of the Scheme Rules.
Legal Topics
Rectification of Pension Scheme Rules, Deferred Pension Revaluation, Common Intention, Summary Judgment, Representative Proceedings
Pensions Trusts Rectification Rectification of Pension Scheme Rules Deferred Pension Revaluation Common Intention Summary Judgment Representative Proceedings

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Parties

Colorcon Ltd

Claimant

Timothey Huckell

Defendant

Stephen Batchelor

Defendant

Susan Sampson

Defendant

Kevin McGlue

Defendant

Howard Stracey

Defendant

Simon Tasker

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Rules of the Colorcon Ltd Staff Benefits Plan should be rectified to reflect the common intention regarding deferred pension revaluation
  2. 2 Whether summary judgment should be granted for rectification

Ratio Decidendi

The evidence demonstrates that at the time of execution of the Definitive Deed and 1996 Rules, the employer and trustees shared the intention that deferred pensions would be revalued at 5% LPI, and rectification is appropriate to reflect this intention. There is convincing proof on the balance of probabilities, and summary judgment is granted as there is no real prospect of defending the claim.

Court Disposition

Summary judgment granted for rectification of the Scheme Rules.

Orders

  • Rectification of the Rules of the Colorcon Ltd Staff Benefits Plan to provide for deferred pension revaluation at 5% or the rate of increase in the Retail Price Index (if lower).
  • Mr Simon Tasker appointed to represent all relevant members and beneficiaries.