Construction and Rectification in Pension Schemes - Part 2

Podcast Location:

Sorry, this podcast has been removed as it is now out of date

Categories:

Pensions Law

CPD Points:

Up to 1 point. details »

Cost:

• a) £65+VAT for this CPDcast only
• b) £299+VAT for unlimited access to all of our podcasts. details »
• c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team

Length:

30 minutes of audio
(+ optional 5 minute online quiz)

Plays on Computer:

Yes Downloadable as MP3:    Yes

Contributor(s):

• Elizabeth Ovey

Course Aims:

This podcast is aimed at pensions practitioners, or those with an interest in the area, to provide an update and insight to issues of construction and rectification in the context of pension schemes.

Outcomes:

After completing the course you will:

• Understand the main purpose of rectification and how it differs from construction;
• Learn about cases in which claims for rectification were unsuccessful and why;
• Learn about cases in which claims for rectification were successful and why;
• Understand what needs to be shown for the remedy of rectification to be granted;
• Understand how court’s decide whether an issue in a case is one of construction or rectification;
• Have received an update on the important cases in this area.

Level:

Specialist

Classification:

Case Update
Legal Principles

Sources and References:

• Investors Compensation Scheme Ltd. v. West Bromwich Building Society [1998] 1 W.L.R. 896;
• Charter Reinsurance Co. Ltd. v. Fagan [1997] A.C. 313;
• The Starsin (Homburt Houtimport BV v. Agrosin Private Ltd.) [2004] 1 A.C. 715;
• Littman v. Aspen Oil (Broking) Ltd. (2005) N.P.C. 150;
• KPMG v. Network Rail Infrastructure Ltd. [2006] EWHC 67;
• Mannai Investment Co. Ltd. v. Eagle Star Life Assurance Co. Ltd. [1997] A.C. 749;
• Bank of Credit and Commerce International S.A. v. Ali [2002 1 A.C. 251;
• British Airways Pension Trustees Ltd. v. British Airways Plc at [2002] P.L.R. 247;
• Re Courage Group’s Pension Schemes [1987] 1 W.L.R. 495;
• National Grid Co. Plc v. Laws and Mayes [2001] 1 W.L.R. 864;
• The Law Debenture Trust Plc v. Lonrho Africa Trade & Finance Ltd. [2003] P.L.R. 13;
• Lansing Linde Ltd. v. Alber [2000] P.L.R. 15;
• AMP(UK) Plc v. Barker [2001] P.L.R. 77;
• Gallagher Ltd. v. Gallagher Pensions Ltd. [2005] P.L.R.;
• Drake Insurance v. McDonald [2005] P.L.R. 401;
• Z F Lemforder UK Pension Trustee Ltd. v. Lemforder UK Pension Trustee Ltd. [2005] EWHC 2882 (Ch);
• Hearn v. Younger [[2005] P.L.R. 49;
• Harwood Smart v. Caws [2000] P.L.R. 101;
• Gibbon v. Mitchell [1990] 1 W.L.R. 1304;
• Re Hastings-Bass [1975] Ch. 25.

This is part two of a two part podcast on restrictive construction and rectification in the context of pension schemes with Elizabeth Ovey, a barrister specialising in pensions at Radcliffe Chambers. Both parts of the podcast are taken from an interview with Elizabeth and it is important to listen to both parts to fully understand the topic. You should therefore have already listened to part one before listening to this second part. This second half of the interview deals with the issue of rectification in pension schemes and looks at the most recent legal developments in and the court’s approach to this area.

Podcast Added: 19/8/2008

Podcast last reviewed: 2011-05-31

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.