Jurisdiction(s):
United Kingdom

Ballard v Buzzard: High Court of England and Wales rectifies defective execution of pension scheme amendments; evidential guidance and acceptance of witness evidence of lost actuarial confirmation

Published on: 19 November 2024

Published by a LexisNexis Pensions expert

Legal News

Article summary

Ballard and others v Buzzard (sued as a Representative Beneficiary of any Scheme Members in whose interests it would be for the Claimants not to obtain the relief that they seek) [2024] EWHC 2765 (Ch)

What are the practical implications of this case?

Beyond reaffirming the need for documents to be executed in line with the stipulated formalities, this decision demonstrates a welcome, pragmatic solution to flaws in the execution of scheme amendments. Where trustees can point to a substantial body of material showing the parties’ intended outcome, it supports pursuing rectification to address defective execution, either in tandem with, or as an alternative to, construction. The judgment also offers direction on the kinds of materials the court will assess when determining intention on amendments to scheme rules. Alongside witness statements from the trustees in office at the relevant time, the court had: a member announcement confirming that ‘the College and the Scheme Trustees have agreed’ the changes; minutes from trustee meetings at which the changes were approved; and evidence that the trustee whose signature did not appear on the documents had circulated them to fellow trustees for signature and returned...

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