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Re BCA Pension Trustees Limited: a new approach to construction.

Wednesday 2 December 2015

In December 2015, Snowden J handed down judgment in the first reported case of the use of s.48 of the Administration of Justice Act 1985 in the context of pension schemes. The case caused considerable interest, being described in the pensions press as “ground breaking”. As well as giving valuable guidance on the use of this procedure, including the requirement to inform members of its use, the Court approved the application of the still-novel principle of “rectification by construction”, which may well prove to be a significant extension of traditional means of construing difficult pension scheme provisions.

Paul Newman QC appeared for the successful applicant.

Download the Judgment here (Crown Copyright)