Trusts, probate and estates: contentious
WATCH: Hot Topic Webinar: Univar v Smith
Thursday 9 July 2020
11am - 12pm
Online, Zoom webinar
On 19 June 2020 the High Court handed down judgment in Univar v Smith. This is the first fully contested pension scheme rectification case since the Court of Appeal’s decision in FSHC. It also involved the consideration of defences to rectification based on representations made by the employer to members, which were said to be inconsistent with the terms of the rectification being sought.
The Court had to consider issues such as how to ascertain the collective intention of a body of trustees, the distinction between an intention as to the effect of an instrument, and one merely as to its consequences, and the circumstances in which statements made the course of an opt-out exercise might give rise to an estoppel which would preclude rectification.
The webinar was given by Michael Furness QC and Tim Matthewson, who represented the successful employer, and was chaired by Paul Newman QC.
The Zoom recording of the webinar can be found below.
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