Colorcon Ltd v Huckell & Ors [2009] EWHC 979 (Ch) (07 May 2009)

Colorcon Ltd v Huckell & Ors [2009] EWHC 979 (Ch) (07 May 2009)

The court found convincing proof that both the employer and trustees shared the common intention that deferred pensions would be revalued at 5% or the rate of increase in the Retail Price Index (if lower), and that the 1996 Rules did not reflect this intention due to a drafting error. Rectification was necessary to give effect to the true intention.

Citation
[2009] EWHC 979 (Ch)
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 (chancery) / Summary Judgment Application
Outcome
Summary judgment granted; rectification ordered.
Legal Topics
Rectification of Trust Deeds, Occupational Pension Schemes, Summary Judgment, Representative Actions
Pensions Equity Trusts Rectification of Trust Deeds Occupational Pension Schemes Summary Judgment Representative Actions

Case Brief

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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 (chancery) / 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 court found convincing proof that both the employer and trustees shared the common intention that deferred pensions would be revalued at 5% or the rate of increase in the Retail Price Index (if lower), and that the 1996 Rules did not reflect this intention due to a drafting error. Rectification was necessary to give effect to the true intention.

Court Disposition

Summary judgment granted; rectification ordered.

Orders

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