Ewing v Stockham Value Ltd [2000] NICA 30 (4 February 2000)

Ewing v Stockham Value Ltd [2000] NICA 30 (4 February 2000)

Arthur Cox were not administrators within the meaning of the regulations; the demand letter did not constitute maladministration; the respondent suffered no injustice as she knew she was not entitled to the benefits; the Ombudsman’s award cannot stand.

Citation
[2000] NICA 30
Parties
Complainant/respondent: Alma Kearney Ewing; Respondent/appellant: The Trustees of the Stockham Valve Limited Staff Retirement Benefits Scheme; Respondent/appellant: Arthur Cox Northern Ireland (A Firm)
Jurisdiction
Northern Ireland
Judgment Date
04 February 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Maladministration, Compensation for Distress, Jurisdiction of Pensions Ombudsman

Case Brief

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Parties

Alma Kearney Ewing

Complainant/respondent

The Trustees of the Stockham Valve Limited Staff Retirement Benefits Scheme

Respondent/appellant

Arthur Cox Northern Ireland (A Firm)

Respondent/appellant

Procedural Posture

Appeal / Judgment

  1. 1 Whether Arthur Cox were administrators under the scheme and within Ombudsman jurisdiction
  2. 2 Whether the demand letter constituted maladministration
  3. 3 Whether maladministration caused injustice to the respondent

Ratio Decidendi

Arthur Cox were not administrators within the meaning of the regulations; the demand letter did not constitute maladministration; the respondent suffered no injustice as she knew she was not entitled to the benefits; the Ombudsman’s award cannot stand.

Court Disposition

appeal allowed

Orders

  • Ombudsman’s award set aside