Capita Atl Pension Trustees Ltd v Zurkinskas

Capita Atl Pension Trustees Ltd v Zurkinskas

The court has jurisdiction to approve the compromise and make representation orders. The compromise is for the benefit of all represented parties, crystallises liability without precluding scheme continuation, and is binding on the Pension Protection Fund as the changes are required by overriding legal requirements.

Parties
Claimant: Capita ATL Pension Trustees Limited; Defendant: Zurkinskas; Defendant: Sea Containers Services Ltd; Defendant: Sea Containers Ltd; Defendant: Sea Containers 2008 Pension Scheme Company Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Part 8 Claim / Approval of Compromise and Representation Orders
Outcome
Compromise approved; representation orders granted; declaration binding on Pension Protection Fund.
Legal Topics
Scheme Amendment, Equalisation, Representation Orders, Compromise Approval, Pension Protection Fund
Pensions Trusts Employment Equality Scheme Amendment Equalisation Representation Orders Compromise Approval +1 more

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Parties

Capita ATL Pension Trustees Limited

Claimant

Zurkinskas

Defendant

Sea Containers Services Ltd

Defendant

Sea Containers Ltd

Defendant

Sea Containers 2008 Pension Scheme Company Ltd

Defendant

Procedural Posture

Part 8 Claim / Approval of Compromise and Representation Orders

Legal Issues

  1. 1 Validity of pension scheme amendments
  2. 2 Effectiveness of equalisation steps
  3. 3 Approval of compromise in scheme deficit context

Ratio Decidendi

The court has jurisdiction to approve the compromise and make representation orders. The compromise is for the benefit of all represented parties, crystallises liability without precluding scheme continuation, and is binding on the Pension Protection Fund as the changes are required by overriding legal requirements.

Court Disposition

Compromise approved; representation orders granted; declaration binding on Pension Protection Fund.

Orders

  • Declaration as indicated in paragraph 6
  • Direction as referred to in paragraph 7