- Bar set high for challenges to pension trustee decisions (British Airways v Airways Pension Scheme Trustee)
- Original news
- What was the case about?
- What did the High Court decide and why?
- Exercise of amendment power to introduce discretionary increase power
- Decision to exercise power to grant discretionary pension increase
- Decision-making in relation to the discretionary increase power
- What are the implications of the judgment?
- Case details
Pensions analysis: The High Court has ruled that the decisions of the trustees of the Airways Pension Scheme to amend the Scheme to introduce a power for the trustees to grant discretionary pension increases and subsequently to exercise that power were valid and effective. The LexisPSL Pensions team take a look at the court’s judgment, which demonstrates that if pension scheme trustees take advice, follow a proper decision-making process and carefully document their decisions, it will be difficult for sponsoring employers or members to challenge those decisions in the courts.
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