[2009] EWHC 1557 (Ch), High Court on 2nd July 2009, reported at [2010] ICR 121

  • Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd [2009] EWHC 1557 (Ch), High Court on 2nd July 2009, reported at [2010] ICR 121
  • The full text judgment in this case is available free of charge on the BAILII website

    Representation:-

  • Mr Christopher Nugee QC and Mr Paul Newman instructed by Price Waterhouse Coopers Legal LLP for Harland & Wolff Pension Trustees Ltd, the Appellant
  • Mr Nicolas Stallworthy instructed by CMS Cameron McKenna LLP for AON Consulting Financial Services Ltd, the Respondent

    Usually women are the beneficiaries of equal pay law. This case is an example of men being entitled to benefit from that law.

    The High Court has ruled that the effect of EC law (notably Treaty of Rome art 141 and Barber v Guardian Royal Exchange Assnce Group ECJ 1990 ICR 616) on the Harland & Wolff Pension Scheme is that male members of the scheme are entitled to have their benefits levelled up to those of women, and thus accrue benefits on the basis of a Normal Retirement Age of 60, respect of the period 17th May 1990 to 7th September 1993.

    See also notes at Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd ChD 2007 ICR 429.

    For relevant general notes see Pensions/equal treatment and/or Definitions and interpretation/pension age

    FINISH>
    prepared Feb2010