Ilona & Ors v. RH Colin Robert Vaughan & Ors [2005] ScotCS CSOH_152 (15 November 2005)

Ilona & Ors v. RH Colin Robert Vaughan & Ors [2005] ScotCS CSOH_152 (15 November 2005)

The pursuers have title and interest to sue: the trustees of the No. 2 Scheme have a jus quaesitum tertio to enforce the transfer, and the Dowager Countess (personally and as executrix) may sue for her and her late husband's entitlement. The obligations are imprescriptible as they arise from a fiduciary relationship and relate to trust property. The obligation to transfer was unconditional and not subject to the scheme deficit being resolved. Written communications after 14 January 1998 constituted relevant acknowledgements, interrupting any prescription if it applied.

Citation
[2005] ScotCS CSOH_152
Parties
Pursuer: Angelika Ilona, The Dowager Countess of Cawdor; Pursuer: St Cross Trustees Limited; Defender: The Right Honourable Colin Robert Vaughan, Seventh Earl of Cawdor; Defender: Steve Rochford
Jurisdiction
Scotland
Judgment Date
15 November 2005
Procedural Posture
Civil (court of Session, Scotland) / Procedure Roll (interlocutory Debate on Legal Pleas)
Outcome
Defenders' pleas-in-law on title and interest and prescription repelled; pursuers' pleas on relevancy of conditionality upheld; case put out By Order for further procedure.
Legal Topics
Trustee Obligations, Pension Scheme Transfers, Prescription (limitation of Actions), Title and Interest to Sue, Conditionality of Obligations
Trusts and Estates Pensions Law Civil Procedure Trustee Obligations Pension Scheme Transfers Prescription (limitation of Actions) Title and Interest to Sue Conditionality of Obligations

Case Brief

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Parties

Angelika Ilona, The Dowager Countess of Cawdor

Pursuer

St Cross Trustees Limited

Pursuer

The Right Honourable Colin Robert Vaughan, Seventh Earl of Cawdor

Defender

Steve Rochford

Defender

Procedural Posture

Civil (court of Session, Scotland) / Procedure Roll (interlocutory Debate on Legal Pleas)

Legal Issues

  1. 1 Whether the pursuers have title and interest to sue for enforcement of pension scheme transfer obligations
  2. 2 Whether the obligations are imprescriptible or subject to prescription under the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether the obligation to transfer was conditional on resolution of scheme deficit

Ratio Decidendi

The pursuers have title and interest to sue: the trustees of the No. 2 Scheme have a jus quaesitum tertio to enforce the transfer, and the Dowager Countess (personally and as executrix) may sue for her and her late husband's entitlement. The obligations are imprescriptible as they arise from a fiduciary relationship and relate to trust property. The obligation to transfer was unconditional and not subject to the scheme deficit being resolved. Written communications after 14 January 1998 constituted relevant acknowledgements, interrupting any prescription if it applied.

Court Disposition

Defenders' pleas-in-law on title and interest and prescription repelled; pursuers' pleas on relevancy of conditionality upheld; case put out By Order for further procedure.

Orders

  • Defenders' pleas on title and interest and prescription repelled
  • Pursuers' pleas on relevancy of conditionality upheld