Is 3i v Decesare a further move away from Courage?

Kate Payne and Archana Gupta say a more robust approach may now be more defensible

clock • 5 min read
Kate Payne is a partner and Archana Gupta a senior associate at Arc Pensions Law
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Kate Payne is a partner and Archana Gupta a senior associate at Arc Pensions Law

Since the Courage ruling, nearly 40 years ago, there have been a number of cases that have considered the meaning of specific restrictions in amendment powers.

These include Walker Morris Trustees Ltd v Masterson; IMG Pension Plan HR Trustees Ltd v German; and Briggs and others v Gleeds (Head Office) and others. In Re Courage, the amendment power prohi...

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