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The definition of “subsidiary” in the Companies Act 1985 - Enviroco Ltd v Farstad Supply AS

Norton Rose LLP
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United Kingdom
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February 22 2010

The Court of Appeal (CA) has handed down what many consider to be a surprise decision which reversed a High Court judgment on the meaning of "subsidiary" under sections 736 and 736A of the Companies Act 1985 (now reproduced in section 1159 of the Companies Act 2006

Record-keeping - MCP Pension Trustees Limited v Aon Pension Trustees Limited 2009 Exch 1351 - scheme wind-up - S27 advertisements did not protect trustee from overlooked members’ claims

Norton Rose LLP
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United Kingdom
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August 26 2009

Winding up a scheme may present the trustees with a number of administrative problems

Claims against financial advisers - Shore v Sedgwick Financial Services Limited

Norton Rose LLP
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United Kingdom
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August 26 2009

This decision will be of interest to those involved in claims against financial advisers several years after the advice in question was provided

Redundancy age discrimination justifiable - Rolls Royce v Unite The Union

Norton Rose LLP
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United Kingdom
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August 26 2009

In our Pensions update of October 2008, we reported on the original High Court decision in which the employer, Rolls Royce, argued unsuccessfully that using an employee’s length of service as a selection criterion for redundancy was unlawful age discrimination

Age Concern England v Secretary of State for Business, Enterprise and Regulatory Reform (c-38807) - Heyday challenge to default retirement age fails

Norton Rose LLP
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United Kingdom
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September 30 2009

In our March 2009 update we noted that the European Court of Justice (ECJ) had given its judgment in what had become known as the "Heyday" case and which was concerned with whether a default retirement age of 65 could be justified in principle in the light of the age discrimination provisions

ECJ delivers judgment in Heyday

Norton Rose LLP
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European Union, United Kingdom
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March 24 2009

In our October 2008 update, we noted that the Advocate-General (AG) had delivered his opinion in Age Concern England v Secretary of State for Business, Enterprise and Regulatory Reform (C-38807) (the Heyday case

Clear wording required to separate defined benefit and defined contribution funds in a hybrid scheme - Bainbridge v Quarters Trustees Ltd

Norton Rose LLP
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United Kingdom
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August 26 2009

In our September 2008 Pensions update, we reported on the High Court decision that, as a matter of construction, the money purchase section of a scheme was part of a single fund which also included the final salary section

Welcome decision from the Court of Appeal in Foster Wheeler

Norton Rose LLP
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United Kingdom
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August 26 2009

In our client update and stop press publications both dated December 2008, we reported in detail on the High Court judgment in the case of Foster Wheeler v Hanley 2008 EWHC 2926 (Ch

Rectification of scheme documents - Colorcon Limited v Huckell

Norton Rose LLP
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United Kingdom
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August 26 2009

The claimant company, Colorcon Limited (Colorcon) applied for an order for rectification of the rules of its defined benefit occupational pension scheme relating to the annual revaluation rate of deferred pensions

Compulsory retirement age - Seldon v Clarkson Wright and Jakes appeal

Norton Rose LLP
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United Kingdom
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August 26 2009

In the 2007 case of Seldon v Clarkson Wright and Jakes (ET11002752007), an employment tribunal held that the compulsory retirement of a partner in a law firm was direct age discrimination under the Employment Equality (Age) Regulations 2006 (the Regulations