Defensive court proceedings oust Pensions Ombudsman jurisdiction
The Pell Frischmann decision concerned an application by one of the defendants, Dr Lamb, to have court proceedings that had been started to prevent a Pensions Ombudsman investigation struck out as an abuse of process. The facts behind the main case revolve around a disputed enhanced pension for Dr Lamb.
Dr Lamb, a former director and employee of one of the former sponsoring employers, claims he is entitled to an enhanced pension equating to two thirds of his final salary, whereas the sponsoring employers believe him to be entitled only to the standard pension under the employer’s pension scheme of one third of his final salary.
While interesting by way of background, the factual matrix of the dispute is not what was considered by the court in July. Instead, what was looked at was whether procedural steps taken by the sponsoring employers would warrant the court striking out the main case, or in the alternative making a prospective costs order against either the scheme or the sponsoring employers…
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