Dominator 2012 Pension Scheme (Dominator Scheme), Donington MC Pension Scheme (Donington MC Scheme) and Commando 2012 Pension Scheme (Commando Scheme) (collectively, the Schemes) (CAS-30918-M4P3)

Ombudsman's Determination

Outcome

The Applicants’ and Dalriada’s complaints are upheld. To put matters right, the Trustee, LD and Dalriada, shall comply with my directions as set out in paragraphs 388 to 394 of this Determination.

Complaint Summary

The Applicants’ complaints are that:

the manner of investing the Schemes’ funds does not accord with the Schemes’ purpose;

the Trustee has acted under a conflict of interests;

the Trustee has breached its investment duties and has committed multiple breaches of trust;

the Trustee and LD have failed to provide an adequate administration process for any of the Schemes, bringing into question the accuracy of benefit statements and other information issued to members; and

 all of which has resulted in members’ benefits and rights in the Schemes being lost.

Dalriada has also separately made the same complaint in respect of the Trustee.

Throughout this Determination, I have referred to Mr Garner, in his role as the trustee of any or all of the Schemes, as the “Trustee”.  Where I have referred to Mr Garner in any other capacity, for example as director of Norton Motorcycle Holdings Limited (Holdings) or any of the companies in its group (which I shall refer to collectively as the Group throughout this Determination), I have referred to him as “Mr Garner”.