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Pension – Pension scheme. The claimant challenged the legality of, and sought to set aside, arrangements granting the defendant trustee a first fixed equitable charge over gilts on the basis that the arrangements had been entered into in contravention of s 320 of the Companies Act 1985. The Chancery Division, in dismissing the application, held that the scheme was not voidable under s 320 of the Act, as the directors were contingent beneficiaries, and the trustee had been acting in its capacity as trustee of a pension scheme and had not been a 'connected person'. Further, the trustee was entitled to indemnification and interest concerning the costs of the proceedings.
Pension – Pension scheme. The claimant challenged the legality of, and sought to set aside, arrangements granting the defendant trustee a first fixed equitable charge over gilts on the basis that the arrangements had been entered into in contravention of s 320 of the Companies Act 1985. The Chancery Division, in dismissing the application, held that the scheme was not voidable under s 320 of the Act, as the directors were contingent beneficiaries, and the trustee had been acting in its capacity as trustee of a pension scheme and had not been a 'connected person'. Further, the trustee was entitled to indemnification and interest concerning the costs of the proceedings.
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