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England and Wales Case Law

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Pensions

Newell Trustees Limited v Newell Rubbermaid UK Services Limited & Anor

The 1992 Deed validly established the money purchase section and effected the transfer and conversion of members’ final salary benefits to money purchase benefits, subject to an underpin preserving the final pensionable salary link as required by the Proviso. The conversion itself did not breach the Proviso, but the transfer sums must be augmented if actual salary increases and final pensionable salary would have resulted in higher accrued benefits. There is no rule in the Scheme obliging the Trustee to discriminate on grounds of age; therefore, no unlawful age discrimination has occurred or…

  • Power of amendment
  • Age discrimination
  • Final salary underpin
  • Conversion of benefits
  • Consent requirements
  • Extrinsic contracts
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Contract law [2023] EWHC 174 (Comm)

JBR Capital Ltd v JM Investments/Trading Ltd & Anor

JBR Capital Ltd v JM Investments/Trading Ltd & Anor [2023] EWHC 174 (Comm) (03 February 2023)

High Court trial on hire purchase arrears, guarantees, and vehicle-sale credits. The claimant succeeded on termination, guarantee enforceability, and quantum.

  • Hire purchase agreements
  • Guarantees and indemnities
  • Statute of frauds
  • Termination of contract
  • Waiver and estoppel
  • Interest on arrears
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Contract law

JBR Capital Limited v JM Investments/Trading Ltd & Anor

High Court commercial judgment on hire-purchase arrears, termination, personal guarantees, and vehicle-sale credits. The claimant succeeded against both defendants.

  • Hire purchase agreements
  • Personal guarantees
  • Statute of frauds
  • Termination of contract
  • Forbearance and estoppel
  • Interest on arrears
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Pensions

CMG PENSION TRUSTEES LIMITED v CGI IT UK LIMITED

The High Court held Rule 5.11 of the CMG UK Pension Scheme is a forfeiture clause that extinguishes unclaimed pension benefits after six years.

  • Forfeiture clauses
  • Limitation of actions
  • Interest on arrears
  • Equitable recoupment
  • Interpretation of pension scheme rules
  • Pensions
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Contract law

Brocket Hall (Jersey) Ltd v Kruger & Ors

The High Court held that VAT was recoverable on silent licence fees, ordered damages for failure to deliver up chattels and fixtures, and awarded interest at 3%.

  • Licence agreements
  • Vat liability
  • Damages for failure to deliver up
  • Implied contractual terms
  • Listed building consent
  • Interest on arrears
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Pensions law

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors

High Court ruling on GMP equalisation in Lloyds pension schemes, addressing whether unequal benefits must be equalised and how any correction should be carried out.

  • Gmp equalisation
  • Sex discrimination in occupational pensions
  • Trustee powers and duties
  • Limitation periods in pension claims
  • Interest on arrears
  • Principle of minimum interference
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Pensions [2018] EWHC 2839 (Ch)

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018] EWHC 2839 (Ch) (26 October 2018)

High Court held that trustees must equalise occupational pension benefits for unequal GMP effects in the Barber window, with later rulings on method and arrears.

  • Guaranteed minimum pensions (gmp) equalisation
  • Sex discrimination
  • Contracting out of serps
  • Trustee obligations
  • Back payments
  • Interest on arrears
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Family law

TW & TM (Minors), Re

Appeal about child maintenance, jurisdiction, and arrears interest. The High Court set aside the original maintenance orders, substituted interim payments, and revoked the interest provision.

  • Child maintenance
  • Variation of maintenance orders
  • Jurisdiction
  • Interest on arrears
  • Child-maintenance
  • Maintenance-orders
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Family law [2015] EWHC 3054 (Fam)

TW & TM (Minors), Re

TW & TM (Minors), Re [2015] EWHC 3054 (Fam) (24 July 2015)

The High Court partly allowed a father’s appeal over child maintenance, holding the judge should have started from the statutory formula and revoking interest on arrears.

  • Variation of child maintenance orders
  • Jurisdiction under children act 1989 schedule 1
  • Application of child support act formula
  • Interest on arrears
  • Remittal for reconsideration
  • Child-maintenance
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.