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Case Notes: Libby v Kennedy (High Court (Chancery Division)) October 1998

United Kingdom
28/01/1999
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Libby v Kennedy (High Court (Chancery Division)) October 1998

Reversed a determination of the Pensions Ombudsman concerning the distribution of a lump sum on death in service. The judge found that the trustees of the Barnardos Staff Pension Scheme had reached a proper decision on the distribution of the lump sum. A minute of the trustees allowed a decision to be made with the consent of just two trustees 'where there were no difficulties in establishing the rightful beneficiary'. This did not mean that the two trustees had no authority if, in hindsight, the case was rather more difficult than at first thought. Therefore both the delegation and the decision had been valid. Even if the decision had not been properly made by the two trustees, the full trustee board effectively ratified it at the next meeting, despite the statement in the minutes that the trustees had merely noted the decision. The trustees knew what had been done and why, and letting it pass was clear concurrence.

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