Court of Appeal overturns High Court Trustee Solutions decision on statutory priority order

In Cripps v Trustee Solutions and others [2007] EWCA Civ 771, the Court of Appeal has overturned the High Court's decision on the application of the statutory priority order to a Barber window period. The Court of Appeal held that members of the scheme at issue who had a right to retire at age 60 arising from Barber, and who were aged between 60 and 64 when the scheme began to wind up, were entitled to receive part of their pensions in priority to deferred members. But this right did not cover the parts of their pensions that had accrued from service to which a normal retirement age of 65 applied (that is, service outside a Barber window period).

The High Court had held that male members of the scheme aged between 60 and 64 when the scheme began to wind up had a right to take the entirety of their accrued pensions in priority to deferred members. Since the scheme's amendment power had not been properly exercised in 1992, the Barber window had never closed. For a report of the first instance decision, see Legal update, No valid amendment to scheme rules (or estoppel) to close Barber window.
PLC Pensions


 

The full text of this resource is available by logging in or by requesting a trial. If you have any questions, please contact us or your PLC Account Executive.

Free trial

A free trial will give you:

Unlimited access to our online legal know-how services during the trial period
Full training and support
Six issues of Practical Law The Journal, the companion to Practical Law online
Weekly update e-mails on current legal developments in your practice area
 

Login

Subscribers and trialists can login below

Contact Us

If you need assistance logging in or have any questions about our services, please contact us.

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247247561034", "objName" : "Court of Appeal overturns High Court Trustee Solutions decision", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resource/5-375-2085?source=relatedcontent", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2-201d7f9f:145935cac66:-41dc", "analyticsSessionCookie" : "2-201d7f9f:145935cac66:-41db", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }