LAW Construction Company Ltd & Ors v LAW Holdings Ltd & Ors [1998] ScotCS 2 (9 April 1998)

LAW Construction Company Ltd & Ors v LAW Holdings Ltd & Ors [1998] ScotCS 2 (9 April 1998)

The construction of Rule 18(a) and related provisions of the pension scheme trust deed cannot be resolved without proof of relevant contemporary facts and circumstances; until the construction is resolved, the pursuers have a legitimate interest to insist in the action, as their rights and obligations under the scheme may be affected.

Citation
[1998] ScotCS 2
Parties
Pursuers: L. A. W. Construction Company Limited and Others; Defenders: L. A. W. Holdings Limited and Others
Jurisdiction
Scotland
Judgment Date
09 April 1998
Procedural Posture
Civil / Interlocutory (plea of No Title to Sue)
Outcome
Defenders' plea of no title to sue repelled; case to proceed to proof.
Legal Topics
Interpretation of Pension Scheme Trust Deeds, Employer Rights and Obligations in Group Pension Schemes, Standing to Sue in Pension Disputes, Application of Pensions Act 1993
Pensions Law Trusts and Equity Insolvency Law Interpretation of Pension Scheme Trust Deeds Employer Rights and Obligations in Group Pension Schemes Standing to Sue in Pension Disputes Application of Pensions Act 1993

Case Brief

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Parties

L. A. W. Construction Company Limited and Others

Pursuers

L. A. W. Holdings Limited and Others

Defenders

Procedural Posture

Civil / Interlocutory (plea of No Title to Sue)

Legal Issues

  1. 1 Whether the pursuers have title and interest to sue regarding the pension scheme
  2. 2 Proper construction of Rule 18(a) of the pension scheme trust deed
  3. 3 Whether winding up of the scheme applies only to current employees or also to former employees and dependants

Ratio Decidendi

The construction of Rule 18(a) and related provisions of the pension scheme trust deed cannot be resolved without proof of relevant contemporary facts and circumstances; until the construction is resolved, the pursuers have a legitimate interest to insist in the action, as their rights and obligations under the scheme may be affected.

Court Disposition

Defenders' plea of no title to sue repelled; case to proceed to proof.

Orders

  • Plea of no title to sue repelled.
  • Case put out By Order for discussion of further procedure.