PETITION BY PLUMBING PENSIONS (UK) LIMITED [2022] ScotCS CSIH_9 (2 March 2022)

PETITION BY PLUMBING PENSIONS (UK) LIMITED [2022] ScotCS CSIH_9 (2 March 2022)

The trustee's failings in relation to section 75 debts, though errors occurred, did not amount to gross negligence or wilful wrongdoing. The conduct did not constitute a fundamental disregard for trustee duties or serious mismanagement negating trusteeship. Therefore, the trustee is entitled to indemnity under rule 22.2 for relevant liabilities and expenses.

Citation
[2022] ScotCS CSIH_9
Parties
Petitioner: Plumbing Pensions (UK) Limited
Jurisdiction
Scotland
Judgment Date
02 March 2022
Procedural Posture
Petition for Directions / Final Judgment After Reporter's Investigation
Outcome
Petition granted. Directions granted as sought in specified paragraphs of the petition.
Legal Topics
Trustee Indemnity, Gross Negligence, Section 75 Pensions Act 1995 Debts, Occupational Pension Schemes, Trustee Duties
Trusts and Pensions Law Employment Law Trustee Indemnity Gross Negligence Section 75 Pensions Act 1995 Debts Occupational Pension Schemes Trustee Duties

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Parties

Plumbing Pensions (UK) Limited

Petitioner

Procedural Posture

Petition for Directions / Final Judgment After Reporter's Investigation

Legal Issues

  1. 1 Whether the petitioner trustee is entitled to indemnity under rule 22.2 of the Scheme Rules for expenses and liabilities arising from section 75 debts and related litigation
  2. 2 Whether the trustee's conduct amounted to wilful wrongdoing or gross negligence, thereby excluding indemnity

Ratio Decidendi

The trustee's failings in relation to section 75 debts, though errors occurred, did not amount to gross negligence or wilful wrongdoing. The conduct did not constitute a fundamental disregard for trustee duties or serious mismanagement negating trusteeship. Therefore, the trustee is entitled to indemnity under rule 22.2 for relevant liabilities and expenses.

Court Disposition

Petition granted. Directions granted as sought in specified paragraphs of the petition.

Orders

  • Report of the reporter approved.
  • Order granting directions in terms of paragraphs 3(2)(a), 3(2)(b), 3(2)(c), 3(2)(d), and 5 of the prayer of the petition.