Cases reported in 2003

• Secretary of State for Education & Skills v Bailey & anor
  Meaning of term in Teachers’ Pensions Regulations - Pensions Ombudsman appeal - Logical comparator - Objection for reduced salary
• Fisher v Harrison
  Effects of s91 Pensions Act 1995 - Forfeiture - Protection of future pension instalments
• Ibekwe v London General Transport Services Ltd
  Duty to inform affected party of potential pension issues - Issue arising on privatisation - Existence of duty - Issue of breach - Issue of causation
• Alexander Forbes Trustee Services Ltd v Halliwell
  Pensions Ombudsman - Appeal - Scope of exoneration clause - Extent of trustees’ discretion - Deduction of winding up costs from employer’s share of surplus - Appropriate action to be taken by trustees in considering same
• Legal & General Assurance Society Ltd v CCA Stationery Ltd
  Appeal from a determination of the Pensions Ombudsman- Significant issues - Need to invite the Pensions Ombudsman to appear because points of law raised of importance to pension and insurance industries
• Agco Ltd v Massey Ferguson Works Pension Trust Ltd & ors
  Analysis of meaning of retirement - Effective result on payment of pension - Construction
• Carson & anor v the Secretary of State for Work and Pensions
  National Insurance - Rights of resident in South Africa -Uplift on price inflation for those resident in the United Kingdom - Situation concerning those living abroad - Possible discrimination contrary to ECHR Article 14 read with Article 1P - Less favourable treatment
• Martin & ors v South Bank University
  Employees’ rights to early retirement on transfer of an undertaking - Whether such rights are ‘old-age benefits’ within the meaning of Article 3(3) of Council Directive 77/187/EEC as implemented in the UK via the Transfer of Undertakings (Protection of Employment) Regulations 1981 - If not, whether they transfer in the event of the transfer of an undertaking and whether employees can waive such rights
• Ramstedt & anor v Riksskatteverket
  Tax rules - Occupational pension insurance - Different rules relating to domestic and other EC providers - Compatibility with EC law
• Clark v Cutland & ors
  Contributions to pension fund - Set-off against debt owed to the company - Chasing remedy
• KB v NHS Pensions Agency & anor
  Transsexuals - Fundamental right to marry - Relevancy of equal treatment for men and women - Entitlement to survivors’ pensions
• Schmidt v Rosewood Trust Ltd
  Trust power - Right to documents - Disclosure distinguished - Significance of discretionary beneficiaries - Construction of trust powers
• Bentwood Bros (Manchester) v Shepherd
  Unfair dismissal - Sex discrimination - Settlement of award - Method of assessment of pensions element
• Kutz-Bauer v Freie Und Hansestadt Hamburg
  Equal treatment - Article 2 and 5 Council Directive 76/207/EEC - Scheme of part-time work for older employees - Relationship with retirement pension
• Nicholls v London Borough of Greenwich
  Retirement gratuity - Effective legislation - Pre-eminence of substantive private right
• Allonby v Accrington & Rossendale College & ors
  Sex discrimination - Part-time lecturers - Re-engagement through services company -Discrimination against contract workers - Equal treatment rule - Pensions Act 1995 s62 - Direct effect of Article 141 EC
• London Borough of Barking and Dagenham v Watts
  Local government - Enhanced pensions - Vires
• The Mayor and Burgesses of the London Borough of Newham v Skingle & anor (Court of Appeal)
  Pensionable pay - Earnings to be brought into account - Contractual and non-contractual overtime
• The Mayor and Burgesses of the London Borough of Newham v Skingle & anor (High Court)
  Pensionable pay - Earnings to be brought into account - Contractual and non-contractual overtime
  
• Clinch v Dorset Police Authority
  Ill-health pension - Basis of retirement - Whether claim met criteria for ‘injury on duty award’
• Agco Ltd v Massey Ferguson Works Pension Trust Ltd & ors
  Pension scheme rules - Meaning of retirement - Consequence in relation to voluntary and compulsory redundancy - Potential effect on dismissal
• Trustees of the Sema Group Pension Scheme v Commissioners of Inland Revenue
  Occupational pension scheme - Tax credit - Rules relating to investment - Ordinary course of investments - Normality of return of tax credit
• The Law Debenture Trust plc v Lonrho Africa Trade & Finance Ltd & anor
  Construction of power to augment - Construction of rules - Relevancy of intention of power
• HM Customs & Excise v Jayawardane
  Determination of normal retiring age - Significance of pension’s documentation - Terms and conditions of employment on question of normal retiring age