Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.
Pensions Barrister will publish a full casenote shortly.