TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON AND SIM & Ors [2014] ScotCS CSOH_119 (01 August 2014)

TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON AND SIM & Ors [2014] ScotCS CSOH_119 (01 August 2014)

The recitals in the amending deeds are sufficient evidence of compliance with the amendment procedure; the deeds are valid and the 1990 rules govern the Fund. Defenders approbated the amendments in prior litigation and benefited from them, so cannot now challenge their validity. Personal bar does not apply due to lack of reliance by trustees. Abuse of process is not established as defenders acted in good faith.

Citation
[2014] ScotCS CSOH_119
Parties
Pursuer: Trustees of the Scottish Solicitors Staff Pension Fund; Defender: Pattison & Sim & Others
Jurisdiction
Scotland
Judgment Date
01 August 2014
Procedural Posture
Civil Action for Payment / Judgment After Debate
Outcome
decree granted in favour of pursuers
Legal Topics
Validity of Trust Amendments, Liability for Pension Fund Deficit, Approbate and Reprobate, Personal Bar, Abuse of Process
Trusts Pensions Contract Law Validity of Trust Amendments Liability for Pension Fund Deficit Approbate and Reprobate Personal Bar Abuse of Process

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Parties

Trustees of the Scottish Solicitors Staff Pension Fund

Pursuer

Pattison & Sim & Others

Defender

Procedural Posture

Civil Action for Payment / Judgment After Debate

Legal Issues

  1. 1 Were the amending deeds to the pension fund valid?
  2. 2 Are the defenders prevented from challenging the amendments by approbate and reprobate, personal bar, or abuse of process?

Ratio Decidendi

The recitals in the amending deeds are sufficient evidence of compliance with the amendment procedure; the deeds are valid and the 1990 rules govern the Fund. Defenders approbated the amendments in prior litigation and benefited from them, so cannot now challenge their validity. Personal bar does not apply due to lack of reliance by trustees. Abuse of process is not established as defenders acted in good faith.

Court Disposition

decree granted in favour of pursuers

Orders

  • By order hearing to address orders in light of opinion
  • Sum sought to be revised based on latest actuarial figures