IDS Pensions Law Reports Annual Index 2010
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BT Pension Scheme Trustees Limited v British Telecommunications plc & anor
High Court (Chancery Division)
Extent of statutory guarantee – BT – liabilities under its pension scheme – sections 60 and 68 and schedule 5 Telecommunications Act 1984 – ‘buy-out’ obligation – post privatisation joiners – relevancy of Parliamentary materials 

Association Belge des Consommateurs Test-Achats ASBL & ors
European Court of Justice (Opinion of Advocate General)
Sex as an appropriate indicator for actuarial factors such as to determine the cost of insurance – equal treatment for men and women – access to supply of goods and services – effect as to insurance premiums – Directive 2004/113/EC 

The Lehman Brothers Pension Scheme
Determination Panel of the Pensions Regulator
Issues of evidence before the Pensions Regulator’s Determination Panel – fair hearing – time given to prepare – disclosure – requirements for a financial support direction

Stena Line Limited v Merchant Navy Ratings Pension Fund Trustee Limited
High Court (Chancery Division)
Non-sectionalised industry-wide defined benefit occupational pension scheme – width of power of amendment – restrictions on exercise of the power – change of position and estoppel – sections 67 and 75 Pensions Act 1995

O’Brien v The Ministry of Justice
Supreme Court
Council Directive 97/81/EC – part-time work – meaning of worker – fair treatment in terms of access to pension rights

Catchpole v The Trustees of The Alitalia Airlines Pension Scheme & anor
High Court (Chancery Division)
Appeal from the Pensions Ombudsman – supply of incorrect information – estoppel – effect on pension scheme benefits

The PNPF Trust Company Ltd v Taylor & ors
High Court (Chancery Division)
Multi-employer scheme – employed and self-employed members – position of employers of employed members – position in relation to organisations that had a relationship with self-employed members – effect of scheme rules – funding levels – commitment to contributions – ability to amend schemes – effect of section 75 Pensions Act 1995

Timbrell v Secretary of State for Work and Pensions
Court of Appeal
Equality of treatment of men and women – the effect of gender reassignment upon the legal rights of an individual in relation to pension eligibility – male-to-female transsexual refused pension on the grounds of not having attained the male pensionable age – Council Directive 79/EEC – Gender Reassignment Act 2004

Williams v Lishman, Sidwell, Campbell & Price Limited
Court of Appeal
Transfer of pension rights to drawdown product – postponement of limitation period in cases of fraud, concealment or mistake – facts relevant to a claimant’s right of action – when do concealed acts of negligence retain their status as ‘relevant to the plaintiff’s right of action’ after a second unconcealed act of negligence?  

The Queen (On The application of the Public and Commercial Services Union) v Minister for the Civil Service
High Court (Queen’s Bench Division)
Judicial review – amendments to the Civil Service Compensation Scheme – statutory – legitimate expectation – requirement for consent by the appropriate trade union

Arkley v Sea Fish Industry Authority
Employment Appeal Tribunal
Pension related service enhancement on redundancy – construction of contractual terms – exact meaning of terms set out under the relevant provisions of the employer’s redundancy payment policy

Independent Trustee Services Limited & anor v Knell
High Court (Chancery Division)
Construction of occupational pension scheme’s rules – power of amendment – meaning of term stating normal pension age

Swallow v HM Revenue and Customs & anor
High Court (Chancery Division)
Principal Civil Service Pension Scheme – ill health retirement claim – effect of the relevant scheme rule at the relevant time – need to backdate findings or otherwise

Webster v Sandersons Solicitors (a firm)
Court of Appeal
Claim by pension scheme beneficiary – loss suffered by scheme – criteria for defining correct party for claim

In re: Nortel Networks Corporation, et al, (Chapter 11)
United States Bankruptcy Court
Application of Pensions Regulator’s powers (financial support directions/contribution notices) – effect of warning notices, etc – relationship to US Chapter 11 proceedings – application for stay

Futter & anor v Futter & ors
High Court (Chancery Division)
Life interest settlement – physical consequences of distribution – failure of legal advice – rule in Hastings-Bass

HR Trustees Limited v German & anor
High Court (Chancery Division)
Costs order – extension of protection for representatives beneficiaries – issues for consideration in making prospective costs order

Houldsworth & anor v Bridge Trustees Limited & ors
Court of Appeal
Priority order on winding up of pension scheme – defined benefit schemes – s73 of the Pensions Act 1995 – modification by regulation – position concerning money purchase benefits – nature of money purchase benefits and purpose of priority

Power v The Trustees of the Open Text (UK) Limited Group Life Assurance Scheme & anor
High Court (Chancery Division)
Death-in-service payment – effect of removal of restrictions imposed by HMRC – construction of rules – obligation on Trustees to consider permissive legislative change where employer’s role is key

Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe
European Court of Justice
Age discrimination – setting of a maximum age for a particular employment practice area – legitimacy of aim to be pursued – whether measure necessary for a legitimate purpose – appropriateness of measure

IMG Pension Plan HR Trustees Limited v German & anor
High Court (Chancery Division)
Conversion of DB benefits to DC – amendment to restriction of power of amendment – effect of restriction – section 91 Pensions Act 1995 as amended – effect on compromise agreement

Arjo Wiggins Limited v Ralph
High Court (Chancery Division) 
Appeal from Pensions Ombudsman – issue of jurisdiction – power of Pensions Ombudsman to do what court could not – time limitation

Cemex UK Marine Limited v MNOPF Trustees Limited
High Court (Chancery Division)
DB scheme – employment cessation event – section 75 Pensions Act 1995 – Occupational Pension Schemes (Employer Debt) Regulations 2005 – position as at 28 November 2005 – effect of potential members – effect of employment – effect of classes of membership

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