Legal News

Applying continuing common intention by employer and trustee in rectification claim (Gallaher v Gallaher)

Published on: 21 January 2005

Table of contents

  • Original news
  • What were the facts?
  • What legal principles applied?
  • What was decided?
  • What are the practical implications of this case?

Article summary

In Gallaher Ltd v Gallaher Pensions Ltd and others, the High Court held that there was, on the balance of probabilities, a common intention between the parties that an amendment to the scheme rules would apply only to the part of the pensions in excess of the GMP, and that the rules should be rectified to reflect this.

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