Following the judgment in IBM UK Holdings Ltd v Dalgleish and others, in which it was held, broadly, that IBM was in breach of its duty of good faith and that the members could claim as if the scheme had not closed to accrual, IBM has been granted permission to appeal aspects of both the judgment of breach and the judgment as to remedies, following the “permission to appeal” hearing which took place in the High Court on 9 June 2015. The representative beneficiaries were also granted permission to cross-appeal aspects of the judgment.

Following the hearing, IBM Pensions Trust (the trustee) reported that “it is unlikely that the hearing before the Court of Appeal will take place before April 2016”.