The City of Edinburgh Council v Scottish Council for Research [2011] ScotCS CSOH_130 (11 August 2011)

The City of Edinburgh Council v Scottish Council for Research [2011] ScotCS CSOH_130 (11 August 2011)

The court held that the pursuers failed to provide highly persuasive reasons to suppose a fundamental drafting error in Regulation 77(2) of the 1998 Regulations. The reference to 'transferred body' was deliberate, not inadvertent, and the structure of the Regulations logically confines the obligation to obtain revised actuarial valuations to cases where an Admission Agreement Fund has been established. As no such fund was established, the first defenders were never a 'transferred body', and the Regulations do not permit the pursuers to impose liability for the deficit on the defenders. Even if there were a drafting error, the change sought would be too far-reaching and amount to judicial...

Citation
[2011] ScotCS CSOH_130
Parties
Pursuer: The City of Edinburgh Council; First Defender: Scottish Council for Research in Education; Second Defender: The University Court of the University of Glasgow
Jurisdiction
Scotland
Judgment Date
11 August 2011
Procedural Posture
Civil / First Instance Judgment
Outcome
action dismissed
Legal Topics
Local Government Pension Schemes, Statutory Rectification, Administrative Law, Employer Liability for Pension Deficits
Pensions Law Public Sector Law Statutory Interpretation Local Government Pension Schemes Statutory Rectification Administrative Law Employer Liability for Pension Deficits

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Parties

The City of Edinburgh Council

Pursuer

Scottish Council for Research in Education

First Defender

The University Court of the University of Glasgow

Second Defender

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether Regulation 77(2) of the Local Government Pension Scheme (Scotland) Regulations 1998 contains a drafting error permitting rectification by the court
  2. 2 Whether the 1998 Regulations permit a revision in 2010 of rates and adjustment certificates for years ending 31 March 2001, 2002, and 2003 upon the first defenders ceasing to be an admission body

Ratio Decidendi

The court held that the pursuers failed to provide highly persuasive reasons to suppose a fundamental drafting error in Regulation 77(2) of the 1998 Regulations. The reference to 'transferred body' was deliberate, not inadvertent, and the structure of the Regulations logically confines the obligation to obtain revised actuarial valuations to cases where an Admission Agreement Fund has been established. As no such fund was established, the first defenders were never a 'transferred body', and the Regulations do not permit the pursuers to impose liability for the deficit on the defenders. Even if there were a drafting error, the change sought would be too far-reaching and amount to judicial...

Court Disposition

action dismissed

Orders

  • Action dismissed; decree of dismissal granted.