swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Financial Services - From: 1999 To: 1999
This page lists 21 cases, and was prepared on 20 May 2019.
In re Scientific Instrument Pension Plan Trusts [1999] Ch 53
1999
ChD
Rattee J
Financial Services
The court accepted the application to pension trust deeds of the principle, whereby a forfeiture provision in a will or other trust instrument, purporting to forfeit an absolute or life interest in the event of voluntary or involuntary alienation, is "void as repugnant to the essential alienability of the interest given".
1 Citers
Jefferies and Others v Mayes and Others; National Grid Company Plc v Same; National Power Plc v Feldon and Others; CA 25-Feb-1999 - Times, 25 February 1999; Gazette, 03 March 1999; [1999] EWCA Civ 761
Hughes v Macpherson and UCB Home Loans Corporation Limited [1999] EWCA Civ 1006
17 Mar 1999
CA
Trusts, Financial Services
[ Bailii ]
Bus Employees Pension Trustees Ltd v Harrod et Al; NBPF Pension Trustees Ltd v Paddock Gazette, 08 April 1999
8 Apr 1999
ChD
Financial Services
Where a deed of variation of the trusts of a wound up pension fund had been held invalid by the ombudsman, the later provisions of the Act could not be brought into play to assist, since the potential benefits did not constitute a membership.
Pension Schemes Act 1993 1
Windsor Life Assurance Co Ltd v Mulvaney [1999] EWCA Civ 1343
5 May 1999
CA
Employment, Financial Services
[ Bailii ]
Bus Employees Pension Trustees Ltd and Another v Harrod and Others; NBPF Pension Trustees Ltd and Another v Paddock and Another Times, 06 May 1999
6 May 1999
CA
Financial Services
Where a scheme had been wound up, but later acquired a right of action, that benefit did not re-constitute the beneficiaries as members of the scheme. A subsequent discretionary augmentation of benefit was insufficient.
Pensions Act 1995 124(1)
Derby Daily Telegraph Ltd v Pensions Ombudsman and Another Times, 12 May 1999
12 May 1999
ChD
Financial Services
No special rules of construction apply to pension scheme documentation, but when construing such, a court was entitled to look in a way which was purposive and practical manner rather than in a merely literal fashion.
Hillsdown Holdings Plc and HF Meat and Foods Processing Pension Scheme Trustees Limited v Commissioners of Inland Revenue Times, 13 May 1999; [1999] EWHC Admin 219
13 May 1999
ChD
Corporation Tax, Financial Services
A payment made out of a pension scheme which had subsequently been found unlawful and ordered to be repaid, was not a taxable payment as such. The payment had been made in good faith and on advice.
Income and Corporation Taxes Act 1988 601
[ Bailii ]
Regina v Insurance Brokers Registration (ex parte Riley) [1999] EWHC Admin 687
14 Jul 1999
Admn
Financial Services
[ Bailii ]
Edge and others v Pensions Ombudsman and Another; CA 29-Jul-1999 - Times, 19 October 1999; [2000] Ch 602; [1999] EWCA Civ 2013; [1999] 4 All ER 546
Davies v Leeds Permanent Building Society [1999] EWCA Civ 2040
30 Jul 1999
CA
Financial Services
[ Bailii ]
Norwich Union Life Insurance Society v Qureshi and Another; Aldrich and Others v Norwich Union Life Insurance Co Ltd Times, 13 August 1999
13 Aug 1999
CA
Financial Services, Equity, Insurance
The provider of endowment insurance, has a duty of utmost good faith to an insured, but need disclose only matters which are material to the risk. Such facts need not include every fact which might affect the decision to enter into any contract collateral to the insurance contract. Duties under the Financial Services Act did not extend this duty.
Financial Services Act 1986 47
The Equitable Life Assurance Society v Hyman; ChD 9-Sep-1999 - Times, 12 October 1999; [1999] EWHC 847 (Ch)
Thomas Edge and Others [1999] Pens Lr 215 Gazette, 15 September 1999
15 Sep 1999
CA
Financial Services
The trustees of a pension fund were entitled to be partial in the exercise of their discretions, provided that such exercise was not in bad faith, or irrational. The Pensions Ombudsman had been wrong to seek to extend his powers so that people might come to be bound by his decisions who had no opportunity to take part in the process. That would be contrary to natural justice, even though he had power to investigate any complaint.
Pension Schemes Act 1993 146 (3)
Lansing Linde Ltd v Alber and Others [1999] EWHC 848 (Ch); [2000] PLR 15; [2000] OPLR 1; [2000] Pens LR 15
15 Oct 1999
ChD
Rimer J
Employment, Financial Services
Actions re occupational pension schemes.
[ Bailii ]
Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd Times, 07 December 1999; Gazette, 01 December 1999; [1999] EWHC Ch 196; [2000] 1 WLR 1524
3 Nov 1999
ChD
Financial Services, Administrative
There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists.
Pension Schemes Act 1993 - Personal and Occupational Pensions Schemes (Pensions Ombudsman) (Procedure) Rules 1995 (1995 No 1053)
1 Citers
[ Bailii ]
Regina v Dixon Times, 24 November 1999
24 Nov 1999
CACD
Criminal Sentencing, Financial Services, Company
It was wrong to imprison a company director for non-payment of pension contributions required to be made by the company where such amounts had been deducted from wages for this purpose, save in the presence of a fraudulent evasion. There was already a civil penalty imposed, and new legislation was to replace the offence of late payment with and offence of fraudulent evasion.
Pensions Act 1995 49 (8)
Forrest and Another v Towry Law Financial Services Ltd and Others Gazette, 25 November 1999; Times, 03 December 1999
25 Nov 1999
CA
Administrative, Litigation Practice, Financial Services
Once a writ had been issued, the Ombudsman had no standing to hear a complaint. The applicant wished to preserve his rights against the defendant in negligence but to pursue a complaint first. It was held that the writ having been issued, it would first have to be stayed, adjourned or discontinued, before the Ombudsman could accept jurisdiction on the complaint.
Kidd v AXA Equity and Law Life Assurance Society Plc, Allied Dunbar Assurance Plc [1999] EWHC QB 184
15 Dec 1999
QBD
Financial Services, Torts - Other
[ Bailii ]
Westminster City Council v Haywood [1999] EWHC 272 (Ch)
20 Dec 1999
ChD
Financial Services
Appeal from determination of Pensions Ombudsman
[ Bailii ]
Martin and Another v Britannia Life Ltd [1999] EWHC 852 (Ch)
21 Dec 1999
ChD
Financial Services, Professional Negligence
[ Bailii ]
