Cases reported in 2006

• Steria Ltd & ors v Hutchison & ors
  Court of Appeal (Civil Division)
  Discrepancy between the Rules and Booklet in respect of early retirement provisions – statement in Booklet that the Rules will prevail over the Booklet – question of interpretation – estoppel by representation – estoppel by convention – promissory estoppel – need for detriment

• Cooper & ors v IBM & anor
  United States Court of Appeals (7th Circuit)
  Cash-balance defined benefit plan – defined contribution elements – age discrimination – the effect of younger employees receiving interest credits for more years – effect of compound interest

• Hodgson v Toray Textiles Europe Ltd
  High Court (Chancery Division)
  Interpretation of pension fund documentation – retirement age – effective announcement – the ‘Barber corridor’

• Maclaine v Prudential
  High Court (Chancery Division)
  Appeal – compensation award – whether any consequential financial loss – whether compensation of £500 for distress and inconvenience adequate
• Unison v First Secretary of State
  High Court (Queen’s Bench Division)
  Pensions – age discrimination – LGPS – Rule of 85 – objective justification
• Trustee Solutions & ors v Dubery
  High Court (Chancery Division)
  Amendment of Rules – Normal Retirement Date for female members – estoppel – closing the Barber window – priority of payments under S.73 Pensions Act 1995 as it stood in 2002
• Armitage v Staveley Industries plc
  Court of Appeal (Civil Division)
  Inland Revenue conditions as to approval – effect on occupational pension rights – pension to which member entitled on retirement at normal retirement age – liability for annual increases in excess of Revenue limits – construction of company’s letter to member of Scheme
• Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd
  High Court (Chancery Division)
  Preliminary issue – breach of duty – compliance with European Law requirement to remove discrimination between men and women
• Robins, Burnett & ors v Secretary of State for Work and Pensions
  Opinion of the Advocate General
  Consideration of question raised by and referred from High Court of Justice, Chancery Division – Article 8, Directive 80/987EEC – degree of protection required in respect of rights of employees to old-age benefits on insolvency of employer – implementation of Directive by Member States – liability of Member States – significance of severity of breach
• Fraser v Commissioners For Her Majesty’s Revenue & Customs
  Special Commissioner
  Capital gains tax – retirement relief – qualifying period – personal company – full-time officer or employee – Taxation of Chargeable Gains Act 1992, S.163 and Schedule 6, para 14
• Cross & anor v British Airways
  Court of Appeal
  Statutory normal retiring age – effect as regards right to be unfairly dismissed – effect under Transfer of Undertakings (Protection of Employment) Regulations 1981 – circumstances in which post-transfer conduct by employees might result in substitution of new and different statutory normal retirement age
• Betafence Ltd v Veys & ors
  High Court Chancery Division
  Effect of variation to benefits – intention of the parties – effect of amendments – principle in Hastings Bass
• Baker & anor v JE Clark & co (Transport) Ltd & anor
  Court of Appeal (Civil Division)
  Trustee exemption clause – death in service benefits – trustee responsibilities and duties – Unfair Contract Terms Act 1977, S.2
• Richards v Secretary of State for Work and Pensions
  European Court of Justice
  Articles 4 and 7 of Council Directive 79/7/EEC of 19 December 1978 – implementation of principle of equal treatment in matters of social security – transsexual worker – date on which retirement pension due
• Preston & ors v Wolverhampton Healthcare NHS Trust & ors
  House of Lords
  Transfer of undertakings – effect on statutory time limit on bringing of claims – further claim against transferor maintained
• Andrews v Barnett Waddingham LLP & anor
  Court of Appeal
  Negligence – cause and connection
• Matthews & ors v Kent and Medway Towns Fire Authority & ors
  House of Lords
  Retained fireman — part-time workers — meaning of Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 — in particular, meaning of ‘any other description of work’ — when reasonable for employer to treat workers differently on ground that workers of that description have different type of contract — engaging in same or broadly similar work
• Z F Lemforder UK Ltd v Lemforder UK Pension Trustee Ltd & anor
  High Court (Chancery Division)
  Rectification — common intention of parties — outward manifestation of each party’s intention — rectification based on unilateral mistake — the Hasting Bass principle
• Bartlett v IHP (Trustees) Ltd & ors
  Pensions Ombudsman
  Meaning of winding up rule — duty to secure benefits — effect of preserved benefit statement — acceptability of contribution holidays
• Ward v South Yorkshire Pensions Authority & anor
  High Court (Chancery Division)
  Incorrect quotation of pension entitlements on redundancy — whether financial loss demonstrated — penalties for non-financial loss not dependent on presence of financial loss
• My v Office National des Pensions (ONP)
  European Court of Justice
  Qualification for early retirement pension — status of pensionable service as Community official — eligibility for national early retirement pension — jurisdiction issues as to method of referral to European Court of Justice — nature of obligation laid down in Article 10 EC in relation to cooperation and assistance by Member States and duty owed to the Community
• Hilton v Barker Booth & Eastwood (a firm)
  House of Lords
  Conflict of interest — irreconcilable fiduciary duties — where a person owes fiduciary duty to parties A and B he has a duty to disclose confidential information relating to party A to party B, though this will put him in breach of his duty to party A
• Steria Ltd & ors v Ronald Hutchison & ors
  High Court (Chancery Division)
  Discrepancy between rules and booklet in respect of early retirement provisions — statement in booklet that rules will prevail over booklet on any question of interpretation — estoppel by representation — estoppel by convention