Cases reported in 2001

• Pensionskasse für die Angestellen der Barmer Ersatzkasse VVaG v Menauer
  Occupational pension fund rights - Responsibility of pension fund as regards the duty to provide equal pay for men and women - Assumption of employer’s obligation as regards payment of equalised pension - Survivors’ benefits
• Bestrustees v Stuart & Anor
  Court’s directions as to effectiveness of announcement - New rules changing scheme NRD to comply with Barber - Article 141 Treaty of Rome
• Dr J Lynn v Rokeby School Board of Governors & ors
  Full-time and part-time teachers - Automatic non-automatic membership of occupational pension scheme - Sex discrimination - Equal Pay Act 1970 - Equal Pay Directive 25/117/EC - Article 141 EC Treaty
• Glossop v Copnall
  Maladministration - Pensions Ombudsman - Sex discrimination - Part-time employees - Article 141 EC Treaty - Pension Ombudsman’s jurisdiction - Whether mistake of law amounts to maladministration
• Needler Financial Services v Taber
  Negligent financial advice - Transfer of benefits from occupational to personal pension scheme - Reduced benefits on retirement - Demutualisation of personal pension provider with financial benefits for members - Whether profit from demutualisation to be taken into account in calculation of damages
• Unifi v Union Bank of Nigeria plc
  Collective bargaining - Money purchase non-contributory scheme - Contract of employment - Interpretation of term ‘pay’ - Benefits of a pension scheme
• Venables & ors v Hornby (HM Inspector of Taxes) (HC)
  Retirement – Normal health – Status of payments made – Constructive trust – Taxable payment for the purpose of s600 Income & Corporation Taxes Act 1988
• Subhash Patel v Roderick Jones
  Rights of the trustee in bankruptcy – Vulnerability of retirement payments – Position of rights attributable to post-bankruptcy contributions
• Wrightson Ltd v Fletcher Challenge Nominees Ltd
  Private sector pension schemes – Calculation of sum to be paid out on cessation of participating company and employees from group superannuation scheme – Actuarial surplus – Construction of trust deed – Deemed dissolution of part of scheme – Exercise of trustees’ discretion – Interpretation of trust deed
• Allonby v Accrington & Rossendale College & ors
  Sex discrimination – Part-time lecturers – Re-engagement through services company – Effect on legislation – Justifiability – Discrimination against contract workers – The equal treatment rule – Section 62 of the Pensions Act 1995
• Clancy v Cannock Chase Technical College & anor
  Assessment of pension loss - The 1991 guidelines - Relevancy of calculations in consequence of raised threshold for compensation
• Derby v Scottish Equitable plc
  Width of estoppel - The change of position defence - Recovery of monies paid in error - Unjust enrichment - Range of defences to prohibit recovery
• Duckitt & anor v The Pensions Ombudsman & ors
  Pension Ombudsman’s jurisdiction - Rights on appeal - Exoneration clauses - Standard of proof for allegations of dishonesty against trustees
• Merchant Navy Ratings Pension Fund Trustees Ltd v Chambers & ors
  Approval of the court - Proposal for the modification of a scheme and arrangements to be made in relation to establishing the basis for meeting certain difficulties in relation to the scheme - Transfers
• International Power plc v Healy & ors
  (formerly National Power v Feldon & ors and National Grid plc v Mayes & ors)
  Public sector pension schemes - Dealing with an actuarial surplus - Nature of release of a debt - Significance of tax regime in construing pension scheme provisions - Interpretation of powers
• Re Airways Pension Scheme: Stevens & ors v Bell & ors
  Balance of cost defined benefit scheme - Surplus - Meaning of terms set out to dispose of surplus
• AMP (UK) plc & anor v Barker & ors
  Incorrect amendment to pension scheme rules - Creation of unintended benefits - Availability of rectification - Position of scheme members who had obtained benefits by mistake - Court’s power to set aside amendments for mistake - Court’s power to strike down amendments on the basis that the trustees failed to give proper consideration to the consequences of the amendment
• Marsh & McLennan Companies UK Ltd & anor v The Pensions Ombudsman & anor
  Sex discrimination - Guaranteed minimum pensions - Need for equalisation - Article 141 (formerly Article 119) EC Treaty - Section 62 Pensions Act 1995 - Jurisdiction of Pensions Ombudsman
• Preston & ors v Wolverhampton Healthcare & ors
  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 - Appropriate national procedural rules - Novated contract of employment with same employment relationship - Stability of employment relationship
• Royal Masonic Hospital & anor v The Pensions Ombudsman & anor
  Pensions Ombudsman - Appeal - Preservation - Status of unfunded retirement benefit scheme
• Venables & ors v Hornby (HMIT)
  Incidence of income tax in relation to payments made out of a pension scheme in contravention of its terms - Meaning of ‘retired’ for the purposes of the Income and Corporation Taxes Act 1988 - Effect of Revenue practice in the construction of pension schemes - Applicability of the European Convention on Human Rights Article 14 to purported unequal treatment of taxpayers
• Telstra Super pty Ltd v Glenda Flegeltaub
  The meaning of ‘unreasonable refusal to submit to treatment’ in consideration of total and permanent invalidity pension - Superannuation arrangement - Trustee’s duties in forming an opinion as to question of fact
• Rosedale (JW) Investments Ltd & ors v British Steel plc
  Sale and purchase agreement - Pension schedule - Effect of certain provisions as to off-setting surpluses and deficits - True meaning of time-limit imposed by contract