Bain and Others, Petition for Directions [2002] ScotCS 55 (28th February, 2002)

Bain and Others, Petition for Directions [2002] ScotCS 55 (28th February, 2002)

The Scottish Homes Superannuation Fund is not a trust scheme but a public service pension scheme established under statute and regulations; petitioners are not trustees under trust law and do not owe fiduciary duties as such.

Citation
[2002] ScotCS 55
Parties
Petitioners: Donald Bain and Others; Respondents: Scottish Ministers; Respondent: Representative Beneficiary
Jurisdiction
Scotland
Procedural Posture
Petition for Directions / Final Judgment
Outcome
Petition dismissed; first question answered in the negative; remaining questions superseded.
Legal Topics
Statutory Pension Schemes, Trust Scheme Characterization, Fiduciary Duties, Member Nominated Trustees
Pensions Public Service Law Trusts and Fiduciary Law Statutory Pension Schemes Trust Scheme Characterization Fiduciary Duties Member Nominated Trustees

Case Brief

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Parties

Donald Bain and Others

Petitioners

Scottish Ministers

Respondents

Representative Beneficiary

Respondent

Procedural Posture

Petition for Directions / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Homes Superannuation Fund is held on trust for members, pensioners, and deferred pensioners
  2. 2 Whether the petitioners owe fiduciary duties as trustees under trust law
  3. 3 Whether the scheme is a 'trust scheme' under the Pensions Act 1995 or a public service pension scheme

Ratio Decidendi

The Scottish Homes Superannuation Fund is not a trust scheme but a public service pension scheme established under statute and regulations; petitioners are not trustees under trust law and do not owe fiduciary duties as such.

Court Disposition

Petition dismissed; first question answered in the negative; remaining questions superseded.

Orders

  • First question answered in the negative
  • Remaining questions do not require to be answered