Outer Temple lawyers win equalisation claim case

Andrew Short QC and Michael Uberoi acted for the successful Representative Beneficiary in an equalisation claim involving issues of construction and European law. They were instructed by Burges Salmon. David E Grant, instructed by Eversheds, appeared for the Trustees. Brian Green QC and Sebastian Allen, instructed by DWF, acted for the Claimant.

Summary

In Safeway Limited v (1) Andrew Newton (2) Safeway Pension Trustees Limited, the High Court (Warren J) again ruled that EU law prevents the retrospective levelling down of pensions (by increasing the Normal Pension Age of women to 65), even where such an amendment was (1) permitted by the rules of the scheme and (2) was made after section 62 Pensions Act 1995 came into force. Permission to appeal has been granted.