High Court applies corrective construction to scheme rule

In Renishaw PLC v Ross Trustees Services Ltd [2025] EWHC 1445 (Ch), HHJ Hodge KC, sitting as a Judge of the High Court, has applied the principle of corrective construction to remove an anomaly in the drafting of a money purchase underpin in a defined benefit pension scheme. In doing so, the Judge took account of a confidential opinion written for the Court by the representative member defendant without requiring it to be made public, contrary to a previous decision of the same Judge.

A transcription of the judgment, which was delivered ex tempore on 23 May, has only just been released. A copy of the transcribed judgment can be found here.

A full case note of this decision will be published next week.