Imperial Group Pension Trust Ltd and Others v Imperial Tobacco Ltd and Others

JurisdictionEngland & Wales
CourtChancery Division
Judgment Date03 December 1990
Date03 December 1990

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115 cases
  • Cheah Peng Hock v Luzhou Bio-Chem Technology Ltd
    • Singapore
    • High Court (Singapore)
    • 6 February 2013
    ...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......
  • Re Z Trust
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 2 June 1997
    ...1 W.L.R. 202; [1981] 3 All E.R. 786, dicta of Megarry, V.-C. applied. (12) Imperial Group Pension Trust Ltd. v. Imperial Tobacco Ltd., [1991] 1 W.L.R. 589; [1991] I.C.R. 524, dicta of Browne-Wilkinson, V.-C. applied. (13) Inland Rev. Commrs. v. SchroderTAX(1983), 57 T.C. 95; [1983] S.T.C. 4......
  • Gayle (Maxwell) and Others v Desnoes and Geddes Ltd and Others
    • Jamaica
    • Supreme Court (Jamaica)
    • 28 July 2006
    ...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......
  • Between IBM United Kingdom Pensions Trust Ltd v Ibm United Kingdom Holdings Ltd and Others
    • United Kingdom
    • Chancery Division
    • 12 October 2012
    ...as a shorthand to describe the implied duties of trust and confidence first described in a pensions context by Browne-Wilkinson V-C in Imperial Tobacco (supra). As it happens, I am due to hear, commencing in early 2013, another action involving the Trust Company and IBM in which the nature ......
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2 firm's commentaries
  • Investor Committees: Legal Issues For Superannuation Fund Appointees
    • Australia
    • Mondaq Australia
    • 8 October 2012
    ...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......
  • Could Recent Developments In The UK High Court Affect Irish Pension Schemes?
    • Ireland
    • Mondaq Ireland
    • 18 June 2014
    ...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......
6 books & journal articles
  • Employers' Liability at Common Law: Two Competing Paradigms
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , May 2008
    • 1 May 2008
    ...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......
  • Table of Cases
    • Canada
    • Irwin Books Pension Law. Third Edition
    • 5 August 2021
    ...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......
  • Minimum Standards
    • Canada
    • Irwin Books Pension Law. Third Edition
    • 5 August 2021
    ...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......
  • ILO Standards and the Nigerian Law of Unfair Dismissal
    • United Kingdom
    • Edinburgh University Press African Journal of International and Comparative Law No. , September 2009
    • 1 September 2009
    ...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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