Imperial Group Pension Trust Ltd and Others v Imperial Tobacco Ltd and Others
| Jurisdiction | England & Wales |
| Judgment Date | 03 December 1990 |
| Date | 03 December 1990 |
| Court | Chancery Division |
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135 cases
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Cheah Peng Hock v Luzhou Bio-Chem Technology Limited
...a contract. Lord Steyn also made reference to Lord Browne-Wilkinson’s dicta in Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] 1 WLR 589 at 597, which went further, describing the implied term of mutual trust and confidence as an “implied obligation of good I find that the in......
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Gayle (Maxwell) and Others v Desnoes and Geddes Ltd and Others
...when the employer, while the fund was in surplus, contributed nothing and took a "Pensions holiday." 161 122. Imperial Group Pension Trust Ltd. V. Imperial Tobacco is a case in which Sir Nicholas Browne-Wilkinson V–C points out the important distinction between fiduciary powers and the impl......
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Between IBM United Kingdom Pensions Trust Ltd v Ibm United Kingdom Holdings Ltd and Others
...in accordance with the provisos to which it was subject and in accordance with IBM's duties in accordance with Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] 1 WLR 589 (Ch D). I shall refer to these duties as the " Imperialduties". The absence of a contractual obligation on ......
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Air Jamaica Ltd and Others v Joy Charlton, Clive Goodall, Barbara Clarke and Ian Philpotts (suing on behalf of themselves and members of the Pension Plan for Employees of Air Jamaica (1968) Ltd)
...apart, the Company's power to amend the Plan was subject to an obligation to exercise it in good faith: see Imperial Group Pension Trust Ltd. v. Imperial Tobacco Ltd. [1991] 1 W.L.R. 589. The Company was not entitled simply to disregard or override the interests of the Members. Once it bec......
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3 firm's commentaries
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Changing Pension Arrangements - Employer's Duty Of Good Faith - Pensions In 30 Podcasts, Episode 18
...faith when changing pension arrangements. Key points The Imperial case (Imperial Group Pension Trust Ltd. v. Imperial Tobacco Ltd. [1991] 1 W.L.R. 589) established that an employer owes a duty to pension scheme members (including employees, former employees and dependants of members) when e......
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Investor Committees: Legal Issues For Superannuation Fund Appointees
...Act purposes, but each situation must be analysed on its own facts to determine if this potential for liability exists. Footnotes 1 [1991] 1 WLR 589. Although the outcome in this case could be said to be influenced by the employer-employee mutual duty of good faith. 2 Lindley & Banks on......
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Could Recent Developments In The UK High Court Affect Irish Pension Schemes?
...scheme amendments. Footnotes 1 [2014] EWHC 980 (Ch) 2 Named after the Imperial Group Pensions Trusts Ltd v Imperial Tobacco Ltd [1991] 1 WLR 589 case in which the duty was first recognised as applying to pension schemes by Browne-Wilkinson V-C. 3 Berber v Dunnes Stores Limited [2009] IESC 1......
7 books & journal articles
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Employers' Liability at Common Law: Two Competing Paradigms
...exercise by an employer of rights and powers in relation to a pension scheme;1414Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] ICR 524 followed in British Coal Corporation v British Coal Staff Superannuation Fund Scheme Trustees[1995] 1 All ER 912. and the exercise of power......
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Table of Cases
...Limited v Waterman, 2013 SCC 70 ...................... xxxvi, 12, 209, 221 Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd, [1991] 1 WLR 589 (Ch D) .................................................................... 270, 280 Imperial Oil Limited v Ontario (Superintendent of Financi......
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Minimum Standards
...Crone v Westinghouse Canada Inc (1994), 121 DLR (4th) 354 (Ont Ct Gen Div); Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd , [1991] 1 WLR 589 (Ch D). 347 Nuxoll v Inco Ltd (1997), 45 CCPB 243 (Ont Ct Gen Div). 348 Hembruf v Ontario Municipal Employees Retirement Board (2005), 78 OR......
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ILO Standards and the Nigerian Law of Unfair Dismissal
...gives rise to compensatory consequences.128128See United Bank v Akhtar [1989] IRLR 507; Imperial Group Pension Trust v Imperial Tobacco [1991] ICR 524; Clark v BET [1997] IRLR The English House of Lords in the 1998 case of Malik v BCCI,129129[1998] AC 20. reviewed the position on damages an......
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