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Pensions Law
High Court (Chancery Division)
1985

Cowan v Scargill

[1985] Ch 270

Ratio Decidendi

Pension fund trustees must exercise their investment powers in the best financial interests of the beneficiaries. They must not allow their personal views (including political or moral beliefs) to influence investment decisions to the detriment of the fund.

Fapte

The NUM-nominated trustees of the Mineworkers' Pension Scheme opposed investments in overseas companies and companies competing with the coal industry, on political and industrial grounds.

Rezumatul hotărârii

Megarry VC held that trustees must put the financial interests of beneficiaries first. While ethical considerations may be relevant where investments are equally advantageous, trustees cannot sacrifice financial return for non-financial objectives.

Citate cheie

"Trustees must exercise their powers in the best interests of the present and future beneficiaries of the trust."

Megarry VC

Tratament ulterior

Leading Authority

Foundational authority on pension trustee investment duties.