Podcast Location:
Download it here [file size: 32.3 MB]
Categories:
Corporate & Commercial Law
Pensions Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast mini-series is aimed at practitioners interested in the case law and principles to be applied to the construction of legal documents and may be of particular interest to those specialising in disputes concerning pension documentation. It aims to address some of the key definitional and conceptual issues that have arisen out of a complex mass of case law and looks critically at the approach of the higher courts when questions about interpretation come before them. This podcast applies the principles discussed in part 1 of this mini-series to claims involving disputes about the interpretation of pension’s documentation and reviews a number of cases as to the approach of the courts.

Outcomes:
After completing the course you will:
  • Understand the approach of the courts to construction claims apply to pension schemes;
  • Be aware of the principles that apply specifically to pension scheme documentations;
  • Understand the importance of the British Airways pensions case and how it has been subsequently applied;
  • Understand the remedy of rectification and its role in pension construction claims;
  • Understand a number of recent cases involving the remedy of rectification involving pensions;
  • Understand the extent to which rectification as a remedy is readily sought and given;
  • Understand how one decided whether the issue is one of construction or rectification;
  • Understand how far the distinction between construction and rectification now matters in relation to pension schemes.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • 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 [1997] P.L.R. 157, [1999] P.L.R. 37, [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 & Anor v. Barker & Ors [2000] EWHC Ch 42;
  • Gallagher Ltd. v Gallagher Pensions Ltd. [2005] P.L.R. 103;
  • Drake Insurance v McDonald [2005] P.L.R. 401;
  • ZF Lemforder UK Ltd v Lemforder UK Pension Trustee Ltd Anor [2006] P.L.R. 85;
  • Scania Ltd. v Wager [2007] EWHC 711 (Ch);
  • Colorcon v Huckell [2009] EWHC 979 (Ch);
  • Munt v Beasley [2006] EWCA Civ 370;
  • Pensions Trust Limited v Central Remedial Clinic [2006] 2 I..R. 126;
  • Smithson v Hamilton [2008] P.L.R. 41;
  • Hearn v Younger [[2005] P.L.R. 49;
  • Daventry District Council v Daventry & District Housing Ltd. [2011] EWCA 1153;
  • Pensions Act 1995 s67;
  • Harwood Smart v Caws [2000] P.L.R. 101;
  • Gibbon v Mitchell [1990] 1 W.L.R. 1304;
  • Re Hastings-Bass [1975] Ch. 25;
  • Great Peace Shipping Limited v Tsavliris Salvage Limited [2003] Q.B. 679;
  • Bell v Lever Brothers Ltd. [1932] A.C. 161;
  • Pitt v Holt [2011] 3 W.L.R. 19.
Tags:

In this pair of podcasts on the complex case law surrounding the construction of documents, mistake and the remedy of rectification, chancery and pensions specialist Elizabeth Ovey from Radcliffe Chambers guides practitioners through some of the definitional and conceptual difficulties that exist with an eye to the application of these principles to the interpretation of pensions documentation in particular.

Podcast added: 20/01/12

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