Pension – Pension scheme. The judge had been right to hold that the power of amendment conferred by a pension scheme could only be exercised by deed. However, the Court of Appeal, Civil Division, referred to the Court of Justice of the European Union the question of whether Smith and others v Avdel Systems Ltd ([1995] All ER (EC) 132) really had established a principle which required defeasible rights to be rendered indefeasible during the relevant period, where there existed an undoubted power under domestic law to level them down with effect upon past pensionable service.