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Construction and Rectification

Members of chambers advise on the construction of scheme documentation and the interpretation of pensions legislation and, either in conjunction with construction claims or independently, in cases concerning the possible rectification of mistakes in scheme documents. We have considerable experience in pursuing and resisting estoppel arguments and have dealt with rectification claims both by way of summary judgment and at a full hearing.

Our barristers act for trustees, employers and representative beneficiaries in Part 8 claims, including Beddoe applications and applications for directions from the court, and in fact-sensitive claims requiring the cross-examination of witnesses brought under Part 7. Where construction and rectification cases also raise issues of professional negligence, we act in related negligence proceedings.

Recent work includes acting in a claim concerning the construction of the Occupational Pension Schemes (Winding Up) Regulations 1996; acting for the trustee in a claim concerning the construction of the definition of “money purchase benefit” under section 181(1) of the Pension Schemes Act 1993; and acting for the employer in a claim concerning the construction of scheme deeds and rules relating to pension increases.

Notable Cases