Re BCA Pension Trustees Limited: a new approach to construction

Pensions Seminar

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. This case has 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.

On 4 February 2016, Paul Newman QC, who appeared for the successful applicant, Emily Campbell and Tom Robinson will be giving a concise and practical exposition of the case, its implications for the future use of the s.48 process and other relevant procedures  in the pension scheme context, and the principles of construction endorsed by the Court.