Seton House Group Ltd and another v Mercer Ltd

Practice – Summary judgment. The proceedings concerned the Britax pension fund. Following the decision in Barber-v-Guardian Royal Exchange Group (C-262/88)[1991] 1 QB 344, it had become necessary for the employer to equalise the normal pensionable age (NPA) of members of fund. The claimants brought a claim contending that a trust deed and rules executed in 2000 had been ineffective to change the NPA as from 1991 as required. They contended that the defendant, which had provided actuarial and investment consultancy services to the second claimant employer, had been negligent in the advice it had provided. A master granted summary judgment to the defendant on the ground that the claim was time-barred. The Chancery Division, in dismissing the claimant's appeal, held that the master had not applied the wrong test in determining the issue of constructive knowledge.

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