Taylor, Re Application For Directions [1999] ScotCS 118 (20 May 1999)

Taylor, Re Application For Directions [1999] ScotCS 118 (20 May 1999)

NE Farmers Limited is the Principal Employer for the purposes of the scheme, and the petitioner was validly appointed as trustee and may act as sole trustee pending further appointments.

Citation
[1999] ScotCS 118
Parties
Petitioner: Alan Taylor; Principal Employer: North Eastern Farmers Limited; Representative of Members of Pension Scheme: Margaret Cowie
Jurisdiction
Scotland
Judgment Date
20 May 1999
Procedural Posture
Petition for Directions / Initial Hearing; Determination of Competency and Preliminary Trust Administration Issues
Outcome
Questions 2 and 3 answered in the affirmative; question 1 not answered; further hearing required for remaining questions.
Legal Topics
Trustee Appointment, Principal Employer Succession, Trust Deed Interpretation, Trust Administration
Trusts and Pensions Company Law Trustee Appointment Principal Employer Succession Trust Deed Interpretation Trust Administration

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Parties

Alan Taylor

Petitioner

North Eastern Farmers Limited

Principal Employer

Margaret Cowie

Representative of Members of Pension Scheme

Procedural Posture

Petition for Directions / Initial Hearing; Determination of Competency and Preliminary Trust Administration Issues

Legal Issues

  1. 1 Whether NE Farmers Limited is the Principal Employer under the scheme
  2. 2 Whether the petitioner has been validly appointed as trustee and can act as sole trustee
  3. 3 Competency of petition for directions

Ratio Decidendi

NE Farmers Limited is the Principal Employer for the purposes of the scheme, and the petitioner was validly appointed as trustee and may act as sole trustee pending further appointments.

Court Disposition

Questions 2 and 3 answered in the affirmative; question 1 not answered; further hearing required for remaining questions.

Orders

  • NE Farmers Limited is Principal Employer under the scheme.
  • Petitioner is validly appointed as trustee and may act as sole trustee.