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17 January 2014
Issue: 7590 / Categories: Case law , Law digest , In Court
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Pensions

Sarjeant and others v Rigid Group Ltd [2013] EWCA Civ 1714, [2013] All ER (D) 234 (Dec)

It was an established principle that the rules of a pension scheme had to be construed in a purposive way in the sense of being given a meaning which respected the context in which the relevant rule had been drafted and the purpose it had been intended to achieve. There were no special rules of construction different from those which the courts routinely applied to all contractual documents. However, a pension scheme should be construed so to give a reasonable and practical effect to the scheme. The administration of a pension scheme fund was a complex matter and it seemed that it would be crying for the moon to expect the draftsman to have legislated exhaustively for every eventuality. It was necessary, therefore, to test competing permissible constructions of a pension scheme against the consequences they produced in practice. Technicality was to be avoided. If the consequences were impractical or over-restrictive or technical in practice, that was an indication that some other interpretation

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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