Wakelin and Others v Read and Another
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 2000 |
| Date | 17 March 2000 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Pill, Lord Justice Mummery and Sir Ronald Waterhouse
Pensions Ombudsman - Ombudsman must act in accordance with legal principles
The exercise by the Pension Ombudsman of his discretion to give directions under section 151(2) of the Pension Schemes Act 1993 could not result in a different answer because the dispute was before the ombudsman rather than a court.
The Court of Appeal (Lord Justice Pill, Lord Justice Mummery and Sir Ronald Waterhouse) so held (Lord Justice Pill dissenting in part) in a reserved judgment on March 17, 2000 allowing in part the appeal of the first defendant, John Leslie Read, from a decision of Mr Justice Hart on May 22, 1998 whereby he allowed an appeal from the Pensions Ombudsman and declared that the plaintiff trustees were entitled to withhold Mr Read's benefits.
LORD JUSTICE MUMMERY said that the power to refer a question of law to the High Court and the right to appeal on a point of law both recognised that the general legislative purpose did not in itself empower the ombudsman to act otherwise than in accordance with legal principles. His...
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