Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors [2017] ScotCS CSOH_21 (10 February 2017)

Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors [2017] ScotCS CSOH_21 (10 February 2017)

The court found that, with the assistance of the presumption of regularity and contemporaneous documentation, the necessary procedural steps to equalise retirement ages were taken in each scheme without avoidable delay, and that the pursuers failed to rebut the presumption or prove any loss.

Citation
[2017] ScotCS CSOH_21
Parties
Pursuer: Mark Knight and Others as Trustees of the Johnston Press Pension Plan; Pursuer: Johnston Press PLC; Pursuer: The Yorkshire Weekly Newspaper Group Limited; Pursuer: T R Beckett Limited; Pursuer: Sussex Newspapers Limited; Pursuer: Wilfred Edmunds Limited; Defender: Sedgwick Noble Lowndes Limited; Defender: Mercer Limited
Jurisdiction
Scotland
Judgment Date
10 February 2017
Procedural Posture
Civil / Preliminary Proof on Whether Procedural Steps to Equalise Retirement Ages Were Taken in Four Pension Schemes
Outcome
Actions dismissed; decree of absolvitor granted in favour of defenders.
Legal Topics
Equalisation of Retirement Ages, Barber Window, Presumption of Regularity, Pension Scheme Amendments, Trustee Duties, Professional Negligence
Pensions Contract Delict Employment Equalisation of Retirement Ages Barber Window Presumption of Regularity Pension Scheme Amendments +2 more

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Parties

Mark Knight and Others as Trustees of the Johnston Press Pension Plan

Pursuer

Johnston Press PLC

Pursuer

The Yorkshire Weekly Newspaper Group Limited

Pursuer

T R Beckett Limited

Pursuer

Sussex Newspapers Limited

Pursuer

Wilfred Edmunds Limited

Pursuer

Sedgwick Noble Lowndes Limited

Defender

Mercer Limited

Defender

Procedural Posture

Civil / Preliminary Proof on Whether Procedural Steps to Equalise Retirement Ages Were Taken in Four Pension Schemes

Legal Issues

  1. 1 Whether the necessary procedural steps were taken to equalise retirement ages in four pension schemes prior to formal deed amendments
  2. 2 Whether the presumption of regularity applies to infer compliance with scheme amendment procedures
  3. 3 Whether the pursuers suffered any loss due to alleged failures to close the Barber window

Ratio Decidendi

The court found that, with the assistance of the presumption of regularity and contemporaneous documentation, the necessary procedural steps to equalise retirement ages were taken in each scheme without avoidable delay, and that the pursuers failed to rebut the presumption or prove any loss.

Court Disposition

Actions dismissed; decree of absolvitor granted in favour of defenders.

Orders

  • Repel pursuers’ pleas in law
  • Sustain defenders’ fourth and fifth pleas in law