BIC UK Ltd v Burgess and others

Pension – Pension scheme. Inflation-linked annual increases to the pensions of members of a scheme could not have been validly granted pursuant to any enabling powers contained in subsequent deed and rules which had retrospective effect. The Court of Appeal, Civil Division, in allowing the defendant principal employer's appeal, held that the claimant trustees had failed to explain how the mere introduction of the deed and rules, and their back-dating, could have brought about the deemed exercise by the trustees of any enabling powers which, had they been in place at the relevant time, might have validated the steps taken.

Category: