Bestrustees v Stuart

JurisdictionEngland & Wales
Date2001
Year2001
CourtChancery Division
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6 cases
  • Foster Wheeler Ltd v Hanley and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 July 2009
    ...to rights accrued in the Barber window. In formulating his approach, he relied on the decision of Neuberger J (as he then was) in Bestrustees v Stuart [2001] PLR 283. He identified the early retirement route for this purpose, and held that European law required the provision for the company......
  • Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc
    • United Kingdom
    • Chancery Division
    • 26 October 2018
    ...applied by the court in choosing which option to adopt. She said at [33]–[35]: “33 In my judgment, the approach in Bestrustees v Stuart [2001] Pen LR 283 represents in general the principled approach for reasons which Neuberger J gives, and provides the guiding principles in this situation.......
  • Smithson and Others v Hamilton
    • United Kingdom
    • Chancery Division
    • 10 December 2007
    ...the deed but leaving the other part to stand. A similar point arose in connection with one aspect of the order made by Neuberger J in Bestrustees v Smart [2001] PLR 283. An exercise of the power to amend a pension trust deed purported to amend the deed both prospectively and retrospectively......
  • Smithson and Others v Hamilton
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 July 2008
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