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Construction of scheme rule providing for increases to pensions in payment (Carr v Thales Pension Trustees Ltd)

Published on: 30 April 2020
Published by: LexisPSL
  • Construction of scheme rule providing for increases to pensions in payment (Carr v Thales Pension Trustees Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Pensions analysis: The High Court (Mr Justice Nugee) has upheld the decision of the Pensions Ombudsman that Mr Carr is entitled to increases to his pension based on the Retail Prices Index (RPI) rather than upon the Consumer Prices Index (CPI)—the latter being the index now provided for by Schedule 3 to the Pension Schemes Act 1993 (PSA 1993). The case turned upon the correct construction of the scheme’s pension increase rule with Mr Justice Nugee determining the issue on the basis of what he considered to be the natural and ordinary meaning of the words. While questions of construction turn on the wording used in the relevant document, the case is nevertheless a useful illustration of how courts approach construction issues of this sort. Written by Saul Margo, barrister, at Outer Temple Chambers. or take a trial to read the full analysis.

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