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England and Wales decisions
Decisions matching the current search
3i PLC v Decesare & Ors [2025] EWHC 3023 (Ch) (21 November 2025)
The High Court held that the 3i pension scheme fetter protected accrued benefits only, so the plan could lawfully be closed to future benefit accrual.
Assuming the CARE Amendments are invalid as regards FS Winners due to the fetter, they remain valid as regards Revaluation Winners. The categories are conceptually separable, and the substantial purpose and effect of the amendments are not changed by excluding FS Winners. The court applies an objective test and does not inquire into the subjective intention of the trustees. There is no breach of fiduciary duty or improper purpose on the facts.
Source excerpt
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…
Source excerpt
Avon Cosmetics Ltd v Dalriada Trustees Ltd & Ors [2024] EWHC 317 (Ch) (19 February 2024)
The High Court approved a compromise in Avon Cosmetics pension litigation and made representation orders for the claimant and a beneficiary representative.
Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd & Anor [2024] EWHC 48 (Ch) (23 January 2024)
The High Court upheld a pension scheme conversion to money purchase benefits, subject to a final salary underpin, and rejected unlawful age discrimination claims.
The High Court granted Beddoe relief for a trustee’s Supreme Court appeal in pension scheme litigation, but capped recoverable costs at £1,034,000.
The High Court held that rule 62 was validly introduced subject to an implied limitation, and that the 2006 notice validly stopped future accrual and broke the final salary link.
Wedgwood Pension Plan Trustee Ltd v Salt [2018] EWHC 79 (Ch) (26 January 2018)
The High Court construed pension scheme amendment powers and held Rule 62 valid, allowing closure to future accrual, with an implied limitation protecting accrued rights.
Premier Foods Group Services Ltd & Anor v RHM Pension Trust Ltd [2012] EWHC 447 (Ch) (02 March 2012)
The High Court held that a 1990 Deed of Intention effectively amended a pension scheme to equalise normal pension age for men and women from 15 November 1990.
IMG Pension Plan HR Trustees Ltd v German & Anor [2009] EWHC 2785 (Ch) (10 November 2009)
The court held that the 1992 deed could not retrospectively remove accrued final salary rights, though some compromise deeds were effective if clearly drafted.
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