Exercise of powers in accordance with public law and fiduciary duties

January 5th, 2023 by James Goudie KC

Croydon LBC v Oasis Community Learning (2023) EWHC 2 ( Ch ) is a debt claim by the Council acting as “ administering authority “for the London Borough of Croydon Pension Fund, which is part of the Local Government Pension Scheme ( the LGPS ). The defendant is a “ scheme employer “ for the purposes of the LGPS. The Court observes, at para 27, that the interaction between the public law and fiduciary duties of an administering authority for the purposes of the LGPS is not clearly established by authority, and is a “ a matter of some uncertainty “. It states, at para 33, that the LGPS does not constitute a trust, but that an administering authority does owe fiduciary obligations, as a quasi-trustee, to at least members of the LGPS.

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