72. Mr Mitchell does not accept that the funds accumulated in the db plans could legitimately be used to defray contributions in respect of the M Plan. He refers in particular to the case of Kemble v Hicks [1999] PLR 287 in which Rimer J found that money purchase members of a Scheme had been improperly subsidised by final salary Scheme members.
"because the surplus remained held on the trusts of the final salary Scheme."