As we reported last December, the Court of Appeal affirmed the
High Court's judgment in the Omega Pharma case requiring the
employers to make contributions to the employees' defined
benefit pension scheme in excess of the statutory minimum funding
standard in circumstances where the scheme was being wound up.
Arthur Cox acted for the successful trustees.
On 10 February last, the Court of Appeal gave reasons for its
decision and handed down its written judgement.
KEY ISSUES
There were two key issues in the High Court case, which were
appealed by the employers to the Court of Appeal. The first related
to when the employers' contribution liability terminated. The
Court of Appeal upheld the High Court decision in finding that the
parties had agreed three months' notice in accordance with the
notice provisions in the trust deed.
