Note By David Lilburn Against (first) Aa, The Pensions Ombudsman And (second) Cg, (former) Deputy Pensions Ombudsman And Cplas Trustees Limited For An Order Ordaining The Pensions Ombudsman To State A Case For The Opinion Of The Court
Jurisdiction | Scotland |
Judge | Lord Glennie,Lord Malcolm,Lord President |
Neutral Citation | [2018] CSIH 2 |
Date | 15 December 2017 |
Docket Number | XA80/16 |
Court | Court of Session |
Published date | 09 January 2018 |
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2018] CSIH 2
XA80/16
Lord President
Lord Malcolm
Lord Glennie
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD PRESIDENT
in the NOTE by
DAVID LILBURN
Noter
against
(FIRST) AA, THE PENSIONS OMBUDSMAN
and (SECOND) CG, (former) DEPUTY PENSIONS OMBUDSMAN
Respondents
and
CPLAS TRUSTEES LIMITED
Third Respondents
for
An Order ordaining the Pensions Ombudsman to state a case for the Opinion of the Court
Noter: Bovey, QC, J Smith; Black and Markie, Alloa
First and Second Respondents: Connal, QC (Sol Adv); Pinsent Masons LLP
Third Respondents: Barne, QC; Burness Paull LLP
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Neil Cunningham Against (first) Anthony Arter, Pensions Ombudsman; (second) Karen Johnston, Deputy Pensions Ombudsman; And (third) Namulas Pension Trustees Limited
...had arisen from mistake or oversight. It was not necessary to show exceptional circumstances: Lilburn v The Pensions Ombudsman and Others [2018] CSIH 2. There was no prejudice to the respondents other than Namulas losing a windfall benefit. Here the time-limit in question had been very shor......