Cases reported in 2000

• Barclays Bank PLC v Holmes & ors
  Conversion of final salary pension scheme - Organisation of two schemes under one fund - Use of pre-conversion surplus to meet money purchase contributions due from from sponsoring employer - Application of section 67 of the Pensions Act 1995
• Wakelin & ors v Read & anor
  Pensions Ombudsman - Appeal from the decision in the High Court - Hearing of all evidence - Suitability of Pensions Ombudsman’s role in cases of contentious factual issues and unusual legal questions - Treatment of allegations of dishonesty - Availability of new argument on appeal from the Pensions Ombudsman - Nature of Pensions Ombudsman’s discretion to give directions under section 151(2) of the Pension Schemes Act 1993
• In the matter of the British Airways Pension Schemes
  Merger - Directions of the court - Part 8 proceedings - Representation order - Pre-emptive costs order - Conflict - Relevancy of size of funds
• Gorham & ors v British Telecommunications plc & ors
  Negligence - Duty of care - Duty owed to potential beneficiaries under a personal pension policy - Extent to which duty owed - Causation - Contributory negligence
• Outram v Academy Plastics
  Negligence - Employers’ duty of care ‘to advise’ - Coterminous liability in tort and contract - Implied terms - Striking out, CCR rule 3.4 - European Convention on Human Rights, Article 6
• Reichhold Ltd v Wong et al; White, Intervenor
  Pensions - Surplus - Rights of members transferred out prior to distribution of pension surplus on winding-up
• Beckmann v Dynamco Whicheloe MacFarlane Ltd
  NHS Superannuation Scheme - NHS Scheme Regulations 1995 - Effect of Transfer of Undertakings legislation in relation to enhanced benefits to those made redundant after transfer to a contractor - Width of the pension exclusion
• Marthe Defreyn v Sabena SA
  Interpretation of the Barber Protocol (No 2) annexed to the EC Treaty at Maastricht - Interpretation of Article 5 of Council Directive 76/2607/EC on implementation of principle of equal treatment for men and women
• Equitable Life Assurance Society v Hyman
  Interpretation of retirement policies - Effect of certain sub-categories including retirement annuity policies, individual pension plan policies, group personal pension plan policies and transfer plan policies issued before 1988 which contain guaranteed annuity rates - Ability to vary same - Whether a discretion existed for the Society to vary same
• Westminster City Council v Haywood (No2)
  Maladministration - Pensions Ombudsman's jurisdiction - Whether right of appeal - Whether regulation 9 Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No2) Regulations 1997 has retrospective effect - Res judicata - Whether complaint time barred
• Dennison v Krasner
  Bankruptcy - Whether pension rights vest in trustee in bankruptcy - Whether prohibition against assignment effective - Whether breach of the European Convention on Human Rights
• J M Holmes
  Surplus - Amendments to scheme documentation - Maladministration
• Parlett v Guppys (Bridport) Ltd (No 2)
  Set off - Whether arrangement an 'occupational pension scheme' - Pension Schemes Act 1993, section 1 - Pensions Act 1995, section 91
• NBC Pension Trustees Ltd & anor v Harrod & ors
  Variation - Cause of action for breach of trust acquired by trustee after winding up - Whether statutory obligations under the Pension Schemes Act 1993 and Pensions Act 1995 apply - Whether possibility of further payment constituted accrued benefit - Whether 'occupational pension scheme' - Whether beneficiaries 'members'
• Preston v Wolverhampton Healthcare
  Equal pay for male and female workers - Membership in an occupational pension scheme - Exclusion of part-time workers - Sex discrimination - Limitation periods - National procedural rules - Principle of effectiveness - Principle of equivalence
• Trustees of BT Pension Schemes & ors v Clarke (HMIT)
  Trading - Profits from sub-underwriting - Whether taxable when undertaken by a tax exempt occupational pension scheme
• The Equitable Life Assurance Society v Hyman
  Allocation of final bonuses in with-profits annuity policy - Breach of contract - Fiduciary obligations - Fiduciary relationships in the context of public and private law - Exercise of discretionary powers - Policyholders' `reasonable expectations'
• I B Williamson - Determination by the Pensions Ombudsman
  Sex discrimination - Sections 62-66 Pensions Act 1995 - Equalisation of guaranteed minimum pension - Pensions Ombudsman's jurisdiction - The rule in Pepper v Hart - Early retirement factors
• Harwood-Smart & ors v Caws & ors
  Surplus - Construction and effect of governing documentation - Resulting trusts - Exercise of amendment power - Specific performance - Omnia praesumuntur rite esse acta - Section 77 Pensions Act 1995
• Spooner & ors v British Telecommunications & ors
  Construction and effect of replication provisions where Civil Service pension provisions replicated in private pension scheme - Offer and acceptance - Mistake
• Gerald Maurice Krasner v John William Alexander Dennison
  Notice of appeal - Bankruptcy - Pension entitlements on bankruptcy - Trustee in bankruptcy
• Lansing Linde Ltd v Alber & Ors
  Rectification of schemes' deeds and rules - Whether 'outward expression of accord' - Equalisation of retirement ages - Preservation requirements - Estoppel by convention
• Scottish Equitable v Derby
  Restitution - Change of position - Whether the court has a discretion not to order restitution by reason of the claimant's carelessness - Estoppel - Whether estoppel defence can operate pro tanto - Whether estoppel can be a complete defence where change of position gives a defence pro tanto