Cases reported in 1999

• The Law Debenture Trust Corporation plc v Terence Malley & anor
  Application to strike out notice of appeal - Whether an 'abuse of process' - Whether of 'purely academic interest' - Whether for a 'trifling sum' - s151 Pension Schemes Act 1993 - Meaning of 'determination' and 'direction' - Statutory right of appeal - Pensions Ombudsman's costs on appeal
• Fletcher Challenge Nominees Ltd v Wrightson Ltd
  Cessation of participation - 'Partial dissolution' - Transfer of benefits - Actuarial surplus - Exercise of trustee's discretion - Whether 'share of fund' or 'benefit-based' approach appropriate - Set off of excess costs against transfer amount
• Wrightson Ltd v Fletcher Challenge Nominees Ltd
  Cessation of participation - 'Partial dissolution' - Transfer of benefits - Actuarial surplus - Exercise of trustee's discretion - Whether 'share of fund' or 'benefit-based' approach appropriate - Set off of excess costs against transfer amount
• The Equitable Life Assurance Society v Alan David Hyman
  Originating summons - Allocation of final bonuses - Breach of contract - Exercise of discretionary powers - Policyholders' 'reasonable expectations'
• James Stuart Kemble & anor v Margaret Hicks & ors
  Trustees' power to insure - Distinction between indemnity intended solely to benefit the trustees and insurance of a restitutory nature - Effect of a hybrid scheme where the documentation does not address distinctions between a final salary and a money purchase section
• Thomas Edge & ors v the Pensions Ombudsman & anor
  Scope of discretion of trustees - Jurisdiction of the Pensions Ombudsman - Scope of Part X of the Pension Schemes Act 1993 - Meanining of impartiality - Analysis of discretionary power of trustees - Representation before the Pensions Ombudsman of classes likely to be affected by his determinations - Natural justice and its effect upon deliberations by the Pensions Ombudsman
• Roderick Jones v Subhash Patel & The London Borough of Brent
  Bankruptcy - Occupational pension schemes - Investing of property in trustee in bankruptcy
• City and County of Swansea v Johnson
  Local authority - Pensions Ombudsman's jurisdiction - Whether 'occupational pension scheme' - Maladministration
• Hillsdown Holdings plc & anor v Commissioners of the Inland Revenue
  Incidence of tax on surplus paid to employer in breach of trust - Interpretation of section 601 Income and Corporation Taxes Act 1988 - Meaning of the word 'payment'
• Raymond John Buckley v Hudson Forge Ltd & others
  Individual transfer terms - Contractual rights - Construction of winding up terms - Trustees discretions and the position of a receiver
• Libby & Ors v Kennedy & anor
  Pensions Ombudsman - Appeal - Exercise of trustees' discretion - Delegation of powers - Ratification of decisions made by trustees' delegates
• Polly Peck International plc (in administration) v Henry
  Appointment of trustee - Conflict of receiver - Payment of trustee's costs
• Board of Management of the Bank of New Zealand Officers' Provident Association v Bank of New Zealand
  Use and control of surplus - Preponderance of rules - Use of facts to elucidate not contradict the contract - Approach of the New Zealand courts
• Margaret Boyle and others v Equal Opportunities Commission
  Equal pay and equal treatment for men and women - Maternity leave - Rights of pregnant women in respect of sick leave, annual leave and the accrual of pension rights
• J Rothschild Assurance plc v John Robert Collyear and others
  Pensions mis-selling - Were the policy conditions under the life assurance company's professional indemnity policy met? - Appointed representatives - As the life assurance company volunteered compensation under the industry review process had there been any 'claims' made against the life assurance company which fell to be covered by the indemnity policy?
• Grant v South West Trains
  Equal treatment of men and women - Sex discrimination - Sexual orientation - Travel concessions for cohabitees of the same sex
• Clarke (HMIT) v the Trustees of the British Telecom Pension Scheme and ors
  Trading - Profits from sub-underwriting - Whether taxable when undertaken by a tax exempt occupational pension scheme
• The National Grid Co plc & ors v Laws, Mayes & ors
  Construction of the terms of the Electricity Supply Pension Scheme - Pension scheme surpluses - Employers' duty of good faith and confidence - Unilateral forgiveness of crystallised debt - Use of power of amendment
• Seifert v the Pensions Ombudsman and others
  Appeals against decision of the Pensions Ombudsman - Width of the Ombudsman's jurisdiction - General principles concerning conduct of Pensions Ombudsman's investigations
• University of Nottingham v Eyett and another
  Costs - Allocation in the case of appeals against Pension Ombudsman's determinations
• University of Nottingham v Eyett and the Pensions Ombudsman
  Early retirement - Dealings with employer - Financially disadvantageous decision taken by retiree - Duty owed to potential retirees
• Express Newspapers Pensions Trustees Ltd v Express Newspapers plc
  Construction - Pensioners - Mergers and acquisitions - Scheme reconstruction - Whether pensioners entitled to increases
• Forfeiture Act 1982
  Murder - Manslaughter - Forfeiture - Forfeiture Act 1982 - Public policy - Ex turpi causa non oritur actio - Criteria for modification of the rule