NEWS   |    November 12, 2020

Associate Danyal Enver comments in Pensions Expert on the High Court deeming rectification law ‘settled’

The High Court has upheld the precedent that pension scheme documents can be overwritten by the courts if trustees can show that changes to them have been made in error.

Two recent cases, involving artist product manufacturers Colart, and chemical and ingredient distributor Univar, provided further proof that genuine errors could be unwound.

In June Univar was allowed to switch the basis for its pension increases to the consumer price index, as it showed that a 2008 upgrade from the statutory requirement to the more costly retail price index had never been discussed by any of the parties involved.

Danyal Enver commented:

“In this case, the court showed it was prepared to uphold rectification claims made in respect of genuine errors, where the subjective intentions of the parties were clear when tested objectively.”

Read Danyal’s comments in Pensions Expert.

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