If It Looks Like A Duck!

The Scottish court has recently had to consider a number of cases where changes have been reflected in a scheme's administration, but years later it is discovered that there is no evidence of a formal amending document.  The court's eminently sensible approach could be summarised as: if it looks like an amendment, swims like an amendment and quacks like an amendment, then it is probably an amendment!  It increases the pressure on the English courts to take a similar approach.

The Outer House of the Court of Session in Scotland (akin to the High Court in England) has handed down an important decision dealing with the effectiveness of schemes' attempts to equalise normal retirement date following the decisions in Barber and Coloroll.  Many schemes in the UK continue to encounter this issue – for example, during benefit audits prior to buy-in or buy-out.  What is refreshing about the judgment is that it takes a common sense approach to pension scheme amendments by