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.