The Pensions Regulator and Garvin Trustees Limited v Annick Desmond
| Jurisdiction | Northern Ireland |
| Court | Court of Appeal (Northern Ireland) |
| Writing for the Court | Morgan LCJ |
| Judge | Morgan LCJ |
| Judgment Date | 08 November 2013 |
| Neutral Citation | [2013] NICA 62 |
| Year | 2013 |
| Date | 08 November 2013 |
1
Neutral Citation No. [2013] NICA 62
Ref:
MOR9040
Judgment: approved by the Court for handing down
Delivered:
08/11/2013
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
THE PENSIONS REGULATOR
and
GARVIN TRUSTEES LIMITED
Appellants;
-and-
ANNICK DESMOND
Respondent.
________
Before: Morgan LCJ, Higgins LJ and Coghlin LJ
_______
MORGAN LCJ (delivering judgment of the court)
[1] The first appellant is the Pensions Regulator (the Regulator). The Regulator
exercises regulatory functions in respect of occupational pension schemes regulated
by the Pensions (Northern Ireland) Order 1995 (the 1995 Order), the Pensions
(Northern Ireland) Order 2005 (the 2005 Order) and other legislation regulating
pension schemes to which the provisions of those Orders apply. The second
appellant is Garvin Trustees Limited (the Trustee). The Trustee is the trustee of the
Desmond & Sons 1975 Pensions & Life Assurance Scheme (the scheme). The
respondent is Mrs Annick Desmond. She was a shareholder in Desmond & Sons
Limited (the company).
[2] The appeal is from a decision of Sir Stephen Oliver QC sitting alone in the
Upper Tribunal where he held that it would not be appropriate for the Tribunal to
direct the Regulator to issue a contribution notice against the respondent because the
2005 Order had not conferred such a power on the Regulator and the Tribunal could
not make itself the source of such a power.
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