header-logo header-logo

17 January 2014
Issue: 7590 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll