Cases reported in 2008

• Alitalia-Linee Aeree Italiane spa v Rotunno & ors
  High Court (Chancery Division)
  Construction of Trust Deed and Rules – contributions to be made by Employers – meaning of ‘to secure’

• Davies v Meadwestvaco Calmar Limited
  Court of Appeal
  Determination of the Pensions Ombudsman - evidential considerations - matters that may properly be taken on appeal

• Alexander Forbes Trustee Services Ltd v Clarke & ors
  High Court (Chancery Division)
  Defined benefits occupational pension scheme - winding up - priority order - section 73 Pensions Act 1995 - meaning of entitled to an immediate pension

• R (on the application of Bradley & ors) v Secretary of State for Work and Pensions & ors
  Court of Appeal
  Parliamentary Commissioner for Administration - Report: 'Trusting in the Pensions Promise: Government bodies and the security of final salary occupational pensions' - finding of maladministration - Parliamentary Commissioner Act 1967 - Extent of Pepper v Hart

• Chittoo v British Telecommunications plc
  High Court (Chancery Division)
  Appeal from the Pensions Ombudsman – time limits – medical early retirement – proper consideration

• Royal Mail Pensions Trustees Ltd v Gosling
  High Court (Chancery Division)
  Appeal against the Pensions Ombudsman – provision for part-time employee – calculation of salary

• Wright v MGN Pension Trustees Ltd
  Court of Appeal
  Early payment of pension – interpretation of rules – whether consent given to a retirement without actuarial reduction

• Smithson & ors v Hamilton
  High Court (Chancery Division)
  Early retirement - anomaly in rules - question of mistake - rule in Hastings-Bass

• Lindorfer v Council of the European Union
  European Court of Justice
  Appeal from judgment of Court of First Instance of European Communities of 18 March 2004 - interpretation of Staff Regulations - calculation of retirement pension - adoption of different actuarial assumption based on sex - use of actuarial equivalence

• Allied Domecq (Holdings) Ltd v Allied Domecq First Pension Trust Ltd & anor
  High Court (Chancery Division)
  Part 3 Pensions Act 2004 - Article 16 of EU Directive 203/41/EC - new funding regime - exception to general rules on mechanism for computing contributions - application - obligation on Actuary - effect