Back to Insights listing

PensionsThursday 25 July 2024

Court of Appeal hands down judgment in Virgin Media v NTL Pension Trustees II and others

The Court of Appeal handed down judgment this morning in Virgin Media v NTL Pension Trustees II and others, the industry-wide, significant appeal relating to the operation of s.37 of the Pensions Schemes Act 1993 and the Occupational Pension Schemes (Contracting-out) Regulations 1996, and the meaning of “section 9(2B) rights” in that legislation.

Lord Justice Nugee gave the judgment of the CA (Lady Justice Asplin and Lord Justice Peter Jackson agreeing). The CA dismissed the company’s appeal and upheld the conclusion of the first instance judge, Mrs Justice Bacon. After a review of the legislative provisions and their purpose, the CA held that “section 9(2B) rights” include future rights to pension benefits that a member could continue to earn (as well as past service rights). Therefore, the requirement for actuarial confirmation and the sanction of voidness under s.37 PSA 1993, absent such confirmation, applies to all amendments to the rules of a contracted-out scheme in relation to section 9(2B) rights (covering both past and future rights). 

Jennifer Seaman appeared for the Trustees (who were neutral), instructed by Eversheds Sutherland International.

Read the full judgment

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    News

    Paul Newman KC appointed to the Main Committee of the Association of Pension Lawyers

    Paul Newman KC has been invited to become a member of the Main Committee of the Association of Pension Lawyers. Paul looks forward to working with the rest of the Committee and serving the Association.

    Thursday 30 January 2025

    View more
  2. Placeholder

    News

    Thomas Robinson to be appointed King’s Counsel

    Wilberforce Chambers is delighted to announce that Thomas Robinson is to be appointed King’s Counsel. Tom, called to the bar in 2003, has a stellar commercial chancery practice with particular emphasis on pensions, insolvency and corporate matters including directors’ duties... Read more

    Friday 24 January 2025

    View more
  3. Placeholder

    Articles

    Can the Pensions Ombudsman rectify documents?

    Michael Ashdown has written an article in which he considers the recent Supreme Court case of National Union of Rail &c v Tyne and Wear Passenger Transport Executive and looks at the implications for an understanding of the powers of... Read more

    By Michael Ashdown
    Friday 10 January 2025

    View more
  4. Placeholder

    Articles

    Pensions pots – an asset beyond the reach of creditors?

    Thomas Robinson has written an article in which he looks at an important new Court of Appeal case which has struck down the practice of requiring OPS members to draw down their lump sums to make them available to judgment... Read more

    By Thomas Robinson KC
    Friday 13 December 2024

    View more

View all thought leadership