In R Davies v Novatrust Ltd [2023] EWHC 1196 (Ch) (25 May 2023) the HC found in favour of the defendant holding that the gross-up provisions in question operated by reference to the highest rate of income tax which was actually payable by the claimant and that there was an implied term in the agreements that the claimant would provide information relating to their income to enable the defendant to calculate the appropriate gross-up.
The case concerned a claim for damages brought by Mr Davies (the claimant) against the administrator of his pension arrangements Novatrust Ltd (the defendant). The damages claim related to underpaid pension payments resulting from an alleged failure by the defendant to correctly gross-up the pension payments per the terms of two written agreements. The claimant had refused to provide information relating to his other income to the defendant which was requested in...
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