면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Pensions Law
High Court (Chancery Division)
1991

Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd

[1991] 1 WLR 589

판결 이유

An employer exercising powers under a pension scheme is subject to an implied duty of good faith — it must not exercise its powers for an improper purpose or perversely.

사실관계

The employer proposed amendments to the pension scheme that would have affected members' benefits. Members challenged the employer's power to make such changes.

판결 요약

Browne-Wilkinson VC held that the employer's powers under the scheme are subject to an implied obligation of good faith, analogous to the duty implied in employment contracts.

주요 인용문

"The employer must not exercise its rights under the scheme for an improper purpose or perversely."

Browne-Wilkinson VC

후속 처리

Applied

Applied in subsequent pension scheme amendment disputes.