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Court of Appeal holds pensions increase rule means what it says (Britvic plc v Britvic Pensions Ltd)

Published on: 17 June 2021
Published by: LexisPSL
  • Court of Appeal holds pensions increase rule means what it says (Britvic plc v Britvic Pensions Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
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Article summary

Pensions analysis: The Court of Appeal has unanimously allowed the appeal of Britvic plc, the principal employer under the Britvic Pension Plan (the Plan), against the decision of His Honour Judge Hodge QC, finding that the words ‘or any other rate decided by the Principal Employer’ in the Plan’s relevant pension increase rule meant ‘any other rate, whether higher or lower’ and not (as the judge had held) ‘any higher rate’. The judgment provides an important example of the application in the pensions context of the Supreme Court’s recent guidance on construction, and serves as a reminder to practitioners that where a provision’s language contains no ambiguity or obvious error it should be given primacy over contextual considerations. Written by Henry Day, barrister at Radcliffe Chambers. or take a trial to read the full analysis.

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