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Alitalia-Linee Aeree Italiane SpA v Rotunno and Others

The Times Law Reports Cited authorities 9 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
JudgeTHE HONOURABLE MR JUSTICE HENDERSON
Judgment Date08 February 2008
Neutral Citation[2008] EWHC 185 (Ch)
CourtChancery Division
Docket NumberCase No: HC06C03906
Date08 February 2008
Categories

Chancery Division

Before Mr Justice Henderson

Alitalia-Linee Aeree Italiane SpA
and
Rotunno and Others
Usual meaning of 'secure'

There was no reason not to give the word "secure" its usual meaning as a transitive verb when contained within the words "to secure the benefits under the scheme" in a set of trust rules.

Mr Justice Henderson so held in the Chancery Division on February 8, 2008, when considering questions submitted by the defendants in a notice under rule 8.3(2)(b) of the Civil Procedure Rules in relation to an occupational pension scheme.

The claimant was Alitalia-Linee Aeree Italiane SpA and the defendants were Filippo Rotunno, Ian Houston, Andrew Pape, BES Trustees plc and Pietro Rosamilia.

HIS LORDSHIP said that the use of the verb "secure" in that context of a contribution clause was unusual. The more usual verbs in that context were words such as "maintain" or "provide".

The word "secure" had not been used in the relevant trust rule with the neutral meaning of "provide" and examples of near synonyms were "make safe", "safeguard", "protect" or "make safe".

Uses of "secure" elsewhere in the relevant trust rules were compatible with the rival meanings propounded...

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