High Court grants rectification application on summary judgment
Resource type: Legal update: case report
Law stated as at 17-Apr-2007
England, Scotland, Wales
In Scania Limited v Wager and others  EWHC 711 (Ch), the High Court granted an application for rectification of the rules of two occupational pension schemes. Scania had set up two new schemes following its de-merger from Saab, with the intention that they would provide the same benefits as the Saab scheme. In fact, the rules contained three differences. The court was satisfied that Scania and the trustees had shown clear evidence (amounting to convincing proof) that they had intended the new schemes to provide the same benefits as the Saab scheme. Two representative beneficiaries, appointed to protect the members' interests, did not oppose the application on counsel's advice.
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