Legal Grid Lock?

Article written by Wendy Lambert, solicitor, national law firm Hammond Suddards

The David and Goliath angle on this month's Court of Appeal decision in the National Grid case has guaranteed some colourful headlines. Most pensions lawyers, however, have concluded that the principles set out in the judgement are not new at all - they have simply confirmed the existing law.

The case originally arose from a complaint by two pensioners to the Pensions Ombudsman that National Grid had misused the surplus in its pension scheme by offsetting its liability to pay certain additional contributions against an actuarial surplus. Although the Ombudsman found in favour of the pensioners the High Court overturned his determination on appeal.