Cases reported in 2002

• R v The Executive Counsel of the Joint Disciplinary Scheme, ex Parte Land & ors
  Professional services disciplinary scheme - The fact of investigation on civil proceedings - Risk of serious prejudice - Balance between prejudice to those subject to investigation and public interest
• Countrywide Assured Group plc & ors v Marshall & ors
  Indemnity insurance - Pensions mis-selling - Width of indemnity
• Britannic Asset Management Ltd & ors v The Pensions Ombudsman
  Occupational pension scheme - Complaints of maladministration - Fraud by trustees - Disinvestment from the scheme - Pension Schemes Act 1993, s146 - The Personal Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (SI 1996 No 2475)
• Primavera v Allied Dunbar Assurance plc
  Professional negligence - Misrepresentation - Causation - Tax-free lump sums - Compensation for fund shortfall - Assessment, mitigation and crystallisation of loss
• Board of Management of the Bank of New Zealand Officers’ Provident Association v McDonald & ors
  (Court of Appeal and High Court of New Zealand)
  Retrospective rule changes - Paying fund assets to ex-members - Providing retrospective benefits to current and future members
• Rolf Dieter Danner
  Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - The principle in Bachman, Commission v Belgium and Safir revisited
• Pirkko Niemi
  Social policy - National law - Equal treatment - Sex Discrimination - Application of Article 141 of the EC Treaty Directive 79/7/EEC - Concept of ‘pay’ - Retirement pension scheme for public servants
• Preston & ors v Wolverhampton Healthcare
  Indirect sex discrimination - Access to occupational pension schemes - Test cases - Disproportionate impact - Burden of proof - Male applicants’ position where only female applicants previously succeeded - Transfer of undertakings - When does time run - Overarching pension scheme - Opting-out - Effect on claims - Power of Tribunal - Declaration of access - A stable employment relationship
• Venables v Hornby
  Meaning of retirement - Effective payments made in breach of trust - Constructive resulting trust
• Rowe v Sanders
  Protection of pension rights on bankruptcy - Automatic vesting - Destination of annuity under occupational pension scheme - Infraction of human rights
• Woodland-Ferrari v UCL Group Retirement Benefits Scheme
  Statutory demand - Breach of trust committed before date of bankruptcy order - Discharge from bankruptcy debt including breaches of trust - Insolvency Act 1986, s281
• Redrow plc v Pedley & ors
  Interpretation of pension provision - Relevancy of fiscal background - Estoppel by convention
• C Allen
  Trustees - Giving reasons - Duty to disclose - Maladministration
• Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc & ors
  Pensions Act 1995 s75 - Statutory minimum funding requirement - Compromise of a statutory debt
• RE Owens Corning Fibreglass (UK) Ltd
  Rule 8.2A of CPR - Failing to identify respondent - Part 8 claim
• Inland Revenue Commissioners v Trustees of the Sema Group Pension Scheme
  Occupational pension scheme - Tax credit - Rules relating to investment - Ordinary course of investment - Normality of return of tax credit
• Hoover v Hetherington & anor
  Early retirement - Meaning of ‘retires’ - Comapny consent - Limitations on same - Reliance - Duty of good faith and confidence
• Beckman v Dynamco Whichloe MacFarlane Ltd
  Transfer of undertakings - Interpretation of Article 3 of Directive 77/187/EEC and the meaning of ‘old-age, invalidity of survivors’ benefits’
• Silvey v Pendragon plc
  Question of importance of loss of pension rights following wrongful dismissal - Remoteness - Effect of accepting payment in lieu of notice
• British Airways Pension Trustees Ltd & anor v British Airways plc & ors
  Construction of pension trust deed - Potential for repayment of surplus assets - Making of ‘scheme’ for disposal of surplus
• The Trustees of Uppingham School & anor v Shillcock
  Pensions ombudsman - Indirect sex discrimination - Non admission of employees who earn below lower earnings level - Pension Schemes Act 1993, s118 - Pensions Act 1995, s62
• S v S (Rescission of decree nisi: pension sharing provision)
  Rescission of decree nisi - Creation of context for pension sharing order - Consent order - Facilitation of clean break
• Winterthur Life UK Ltd v The Commissioners of Customs & Excise
  Self-invested personal pensions - Administration of management services - Exempt services - Definition of ‘insurance agent’ - Article 13B(a) Council Directive 77?388?EEC
• Re Casey’s Film and Video Ltd: Lloyd v Casey & ors
  Section 459 Companies Act 1985 - Unfair prejudice petition - Petitioner not required to be member when conduct complained of occurred - Payments into company pension scheme unfairly prejudicial
• Allan v Rea Brothers Trustees Ltd
  Transfer payments - Breach of fiduciary duty - Resulting trust - Indemnity clause in trust deed - SSASs and pensioneer trustee
• Rolf Dieter Danner
  Freedom to provide services - Restricting the deductibility for income tax of voluntary pension insurance contributions to foreign pension insurance institutions - Principle in Bachman and Commission v Belgium - Safir revisited
• Chessels & ors v British Telecommunications & ors
  Pre-emptive cost orders - Representational orders - Representative capacity
• O'Neill v Industry-wide Coal Staff Superannuation Scheme Trustees Ltd & anor
  Ill health - Meaning of provision in pension scheme - Benefit payable if employee unlikely to be able to carry on 'any duties which his employer may reasonably assign to him' - Duties properly so defined
• 
  Beckman v Dynamco Whicheloe MacFarlane Ltd
  Transfer of undertakings - Article 1 of Directive 77/187 - Meaning of ‘old age, invalidity or survivor’s benefits’
• The Queen on the application of Legal General Assurance Ltd v Pensions Ombudsman
  Permission for a judical review - Decision of Pensions Ombudsman - Extension of time to respond to preliminary conclusions
• Trustees of the NUS Officials and Employees Superannuation Fund v Pensions Ombudsman & anor
  Pensions Ombudsman - Meaning of maladministration - Effect of offer of increased salary - Implication of pensionable remuneration offered as non pensionable
• McClelland & ors v Unisys New Zealand Ltd
  Contributions - Liabilities to pay - Interpretation of contribution clause - Position following notice to terminate contribution
• Moore’s (Wallisdown) Ltd v The Pensions Ombudsman & ors
  Switch from final salary to money purchase - Interpretation of communication material - Pensions Ombudsman - Offer and acceptance - Maladministration
• Hagen & ors v ICI Chemicals & Polymers Ltd & ors
  Transfer of undertaking - Transfer of pension rights - Effect of a communication to members by vendor - Responsibility of purchaser - Duty of vendor