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Conclusions definition

What does Conclusions mean? In EU legal practice, “Conclusions” are formal statements adopted—most commonly by the European Council or the Council of the EU—setting out political priorities, common positions, or invitations to take action. They are used to coordinate Member State responses and to steer future legislation or implementation, but do not themselves create rights or obligations. Conclusions are a form of EU soft law. They are not among the legal acts listed in Article 288 TFEU and are not defined as binding in the Treaties, although the TEU recognises the European Council’s role in defining general political directions through its conclusions. They carry persuasive...

IBM v Dalgleish remedies: DB pension changes—NPAs, exclusion notices, early retirement; May 2015 judgments, consultation issues, later Court of Appeal impact, and practical implications for employers, trustees and schemes

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note has been archived.

It reviews the subsequent High Court judgment in IBM v Dalgleish, delivered on 20 February 2015 (widely termed the 'remedies judgment'), where Warren J determined the remedies open to members following the breaches identified in the principal judgment.

In particular, it considers:

the findings reached in the remedies judgment
the issues left unresolved
the further judgments on 18 and 19 May 2015 addressing outstanding matters from both the principal judgment and the remedies judgment
the pending appeal proceedings, and
the implications of the remedies judgment for employers, trustees and schemes

In the principal judgment in IBM v Dalgleish, Warren J concluded that IBM's alterations to employees' defined benefit (DB) pension provision amounted to a breach of both its duty of good faith in the pensions context (referred to as the 'Imperial duty' in the judgment) and its contractual duty of trust and confidence. However, on 3 August 2017, the Court of Appeal overturned Warren J's decision...

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Web page updated on 21/05/2026

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