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Newell Trustees Ltd v (1) Newell Rubbermaid UK Services Ltd & (2) Ian Putland

On 23 January 2024 Mr Justice Michael Green handed down judgment in this case concerning the former Parker Pension Plan, the assets and liabilities of which were transferred to the Newell Rubbermaid UK Pension Scheme (“the Scheme”) in 2007.

The case was a Part 64 application by the sole trustee of the Scheme, seeking directions as to the effectiveness of various changes made to the Parker Pension Plan in 1992.

The legal issues in the case were wide-ranging, involving questions as to the validity of amendments made by an interim deed with annexed member booklets, consideration of a Re Courage-type proviso, extrinsic contracts and age discrimination arguments under the Equality Act 2010, which involved consideration of the effects of the Brexit legislation (European Union (Withdrawal) Act 2018 and (briefly) the Retained EU Law (Revocation and Reform) Act 2023) on the availability of such arguments post-IP Completion Day.

Keith Rowley KC and Wendy Mathers, instructed by Pinsent Masons LLP, acted for the Trustee, Newell Trustees Limited.

Read the judgment here.