Scotland Case Law

CUNNINGHAM AGAINST (FIRST) ANTHONY ARTER, PENSIONS OMBUDSMAN; (SECOND) KAREN JOHNSTON, DEPUTY PENSIONS OMBUDSMAN; and (THIRD) NAMULAS PENSION TRUSTEES LTD

CUNNINGHAM AGAINST (FIRST) ANTHONY ARTER, PENSIONS OMBUDSMAN; (SECOND) KAREN JOHNSTON, DEPUTY PENSIONS OMBUDSMAN; and (THIRD) NAMULAS PENSION TRUSTEES LTD [2019] ScotCS CSIH_48 (13 September 2019)

The Inner House granted relief from a missed 14-day appeal deadline for a Pensions Ombudsman determination, but ordered the noter to pay the respondents' expenses.

• Statutory appeals
• Time limits
• Relief from procedural failure
• Pensions ombudsman determinations
• Pensions-ombudsman
• Statutory-appeals

Read case analysis

ALEXANDER & Ors (Scottish Solicitors Staff Pension Fund) AGAINST MARSHALL ROSS & MUNRO

ALEXANDER & Ors (Scottish Solicitors Staff Pension Fund) AGAINST MARSHALL ROSS & MUNRO [2018] ScotCS CSOH_1 (05 January 2018)

Court of Session Outer House held the pension fund trustees acted within the trust deed and rules, so no breach of duty was established and the petition was dismissed.

• Pension fund administration
• Trustee duties
• Interpretation of trust deed
• Pensions
• Trusts
• Trustee-duties

Read case analysis

Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors

Knight & Ors v Sedgwick Noble Lowndes Ltd & Ors [2017] ScotCS CSOH_21 (10 February 2017)

The court held that, in four pension scheme actions, the necessary steps to equalise retirement ages were taken timeously, so the pursuers proved no loss.

• Equalisation of retirement ages
• Barber window
• Presumption of regularity
• Pension scheme amendments
• Trustee duties
• Professional negligence

Read case analysis

ALEXANDER & Ors AS TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON & SIM & Ors , AS SUCH PARTNERS AND AS INDIVIDUALS

ALEXANDER & Ors AS TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON & SIM & Ors , AS SUCH PARTNERS AND AS INDIVIDUALS [2015] ScotCS CSIH_96 (30 December 2015)

The Inner House held that historic amendments to a pension fund’s rules were validly made, applying a presumption of regularity and refusing the reclaiming motion.

• Amendment of pension scheme rules
• Presumption of regularity
• Onus of proof
• Approbate and reprobate
• Pensions
• Trusts

Read case analysis

TRUSTEES OF THE SCOTTISH SOLICITORS STAFF PENSION FUND v PATTISON AND SIM & Ors

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

The Court of Session upheld pension fund amendments, held the 1990 rules valid, and granted decree for the trustees against the firm and partners.

• Validity of trust amendments
• Liability for pension fund deficit
• Approbate and reprobate
• Personal bar
• Abuse of process
• Pension-law

Read case analysis

City Of Edinburgh Council v Scottish Council For Research & The University Court of The University of Glasgow

City Of Edinburgh Council v Scottish Council For Research & The University Court of The University of Glasgow [2013] ScotCS CSIH_15 (08 March 2013)

The Inner House refused Edinburgh Council’s reclaiming motion, holding that regulation 77(2) of the 1998 pension regulations was not a drafting error.

• Local government pension scheme
• Admission agreements
• Actuarial valuation
• Statutory rectification
• Pensions
• Statutory-interpretation

Read case analysis

Burton, Re Direction of Assets

Burton, Re Direction of Assets [2010] ScotCS CSOH_174 (24 December 2010)

Court of Session held that the pension trustee’s claim was a contingent debt in the company’s liquidation and had to be valued actuarially before surplus funds could be paid out.

• Distribution of surplus assets
• Admissibility of pension fund deficit claims in liquidation
• Contingent obligations
• Valuation of contingent debts
• Priority between creditors and contributories
• Insolvency

Read case analysis

Bain and Others, Petition for Directions

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.

Source excerpt

• Statutory pension schemes
• Trust scheme characterization
• Fiduciary duties
• Member nominated trustees

Read case analysis