Back to Events listing

Pensions

BRITISH AIRWAYS V APSPTL: The limits of trustee decision making

Tuesday 17 July 2018
6.30pm - 7.30pm followed by drinks and canapés
David Lloyd George Room, The Law Society, 113 Chancery Lane, London WC2A 1PL
1.0 CPD

On 5 July 2018, the Court of Appeal handed down judgment in the long-running dispute between BA and the trustee of its Airways Pension Scheme (“APS”). BA’s appeal against the decision of Mr Justice Morgan was successful. The majority of the Court of Appeal (Lewison and Peter Jackson LJJ) agreed with BA that the Trustee had acted for an improper purpose in exercising a power of amendment to confer on itself a power to grant discretionary pension increases and exercising that power to grant an increase of 0.2% on pensions at a time when APS was in deficit (and against BA’s wishes). The majority made clear that the role of the pension scheme trustees was to administer the employer’s scheme, and not to take on the role of “paymaster”, by deciding what benefits pensioners should receive.

On 17 July 2018, Michael Tennet QC and Michael Ashdown, who appeared for the successful appellant, will be giving a concise and practical exposition of the case, its implications for Trustee decision making in relation to both unilateral and bilateral powers, and for the relationship between Trustees and Employers more generally.

Please note, this event is free of charge to attend and spaces will be allocated on a first-come, first-served basis.

Please email seminars@wilberforce.co.uk to confirm your place.

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Articles

    Ombudsman sets out position on pension transfer claims

    Edward Sawyer has written an article which considers a recent determination on the British Steel Pension Scheme, in which the PO set out his general approach to claims by victims of pension transfer scams for due diligence failures by the... Read more

    By Edward Sawyer
    Wednesday 24 September 2025

    View more
  2. Placeholder

    Recent Cases

    Danapak Flexibles Retirement Benefits Scheme & Contribution Notices 

    Pensions

    Thomas Robinson KC | Jennifer Seaman
    Thursday 21 August 2025

    View more
  3. Placeholder

    Articles

    Pensions Crimes and Fines: Directors (and others) who consent, connive or neglect

    David Pollard and Sebastian Allen gave a seminar to the Association of Pension Lawyers (APL) in June 2025 on: Pensions crimes and fines: Where a company is liable, what is the secondary person extension to third parties: “a director, manager,... Read more

    By David Pollard | Sebastian Allen
    Wednesday 20 August 2025

    View more
  4. Placeholder

    Articles

    Employer discretions about surplus: Employer’s powers and discretions on scheme winding-up

    David Pollard has written a paper on surplus in trust based occupational pension schemes dealing with the position on a scheme winding-up. This followed a session at the annual conference of the Association of Pension Lawyers (APL) last year. Surplus... Read more

    By David Pollard
    Tuesday 22 July 2025

    View more

View all thought leadership