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Trustees: Unanswered questions
Elizabeth Ovey examines the position on the exercise of discretionary powers for an improper purpose ‘In practice, it does not usually matter whether a restriction not expressed in the relevant instrument is imposed as an implied term through a process of construction or by reference to the improper purpose test; in either case the exercise …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Airways Pension Scheme Trustee Ltd v Fielder [2019] EWHC 3027 (Ch)
- Bank of New Zealand v Bank of New Zealand Officers Provident Association Management Board [2003] UKPC 58
- British Airways plc v Airways Pension Scheme Trustee Ltd [2018] EWCA Civ 1533
- Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71
- Hole v Garnsey [1930] AC 742
- Re Courage Group's Pension Schemes [1987] 1 WLR 495
- Society of Lloyd's v Robinson [1999] UKHL 22