Case tracker—judgments handed down in 2013-2014—pensions [Archived]
Case tracker—judgments handed down in 2013-2014—pensions [Archived]

The following Pensions practice note provides comprehensive and up to date legal information covering:

  • Case tracker—judgments handed down in 2013-2014—pensions [Archived]
  • Grenville Holden Hampshire v Board of the Pension Protection Fund
  • Re Nortel Networks Corporation
  • The Pensions Regulator v A. Admin Ltd (Re LPA Umbrella Trust)
  • Garvin Trustees (as trustee of the Desmond & Sons Limited 1975 Pension and Life Assurance Scheme)
  • Re Storm Funding (in Administration)
  • Clyde & Co v Bates van Winklehof
  • Briggs v Gleeds (Head Office)
  • Granada Rental & Retail Limited (Upper Tribunal 2014)
  • Revenue & Customs Commissioners v Forde and McHugh
  • More...

ARCHIVED: This case tracker has been archived and is not maintained. It contains a selection of significant pensions judgments handed down in 2013–2014.

Grenville Holden Hampshire v Board of the Pension Protection Fund

Case Name and Reference NumberDecisionRepresentationCourt and Judgment DateCitation
Grenville Holden Hampshire v Board of the Pension Protection Fund

A3/2015/0237
Grenville Holden Hampshire appealed against a determination of the Pension Protection Fund (PPF) Ombudsman in the High Court arguing that:

• the government was in breach of the EU Archived Insolvency Directive (Archived Directive 80/987/EEC, superseded by Archived Directive 2008/94/EC but in materially identical terms), which imposed a requirement on member states to ensure that scheme members should receive at least 50% of their benefits where there is an insolvent employer, and

• furthermore, that the Directive had direct effect on UK legislation requiring UK law to be read as including this requirement

Article 8 of the EU Archived Insolvency Directive requires Member States to 'ensure that the necessary measures are taken', to protect the interests of employees and ex-employees in relation to occupational pension rights on a company’s insolvency.

The court dismissed the appeal, rejecting the Appellant's submission that Article 8 required the UK to ensure that every individual employee of every pension scheme received a minimum of 50% of their scheme benefits. The Directive did not have

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