Pensions

Areas of expertise

• Age and sex discrimination
• Beddoe relief
• Breach of trust, fiduciary duties and maladministration by trustees
• Directors’ pensions and severance arrangements
• Discretionary bonus arrangements
• Distribution of surpluses
• European law and TUPE in relation to UK pensions
• Insolvency
• Interpretation of schemes or statutory provisions
• Mis-selling and professional negligence
• Pensions Ombudsman hearings
• Pensions Protection Fund and the Financial Assistance Scheme
• Regulatory and disciplinary matters
• Tracing and restitution of trust property
• Trust law

For further information, contact:

David Smith, Senior Clerk, 020 7353 6381

Track record and prominent cases

• Smithson v Hamilton (2007) EWHC 2900
• Sea Containers (2007) oral hearing, the Determinations Panel of the Pension Regulator
• Robins v Department for Work & Pensions (2007) C-278/05, ECJ
• Cripps v Trustee Solutions Ltd & Dubery [2007] EWCA Civ 771
• Steria Ltd v Hutchison [2006] EWCA Civ 1551
• Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd [2006] EWHC 1778
• Lewis v Pensions Ombudsman, Re: Nortel [2005] EWHC 103
• Lemforder Ltd v Lemforder Pension Trustees [2005] EWHC 2882
• Pinsent Curtis v Capital Cranfield Trustees Ltd [2005] EWCA Civ 860
• Armitage v Staveley [2005] EWCA Civ 792
• Gallaher Limited v. Gallaher PensionTrustees [2005] EWHC 42
• Capital Cranfield Trustees Ltd v Walsh & Setchim [2004] EWHC 2874
• Minter v Julius Baer Investment Management Inc London [2004] EWHC 2472 v
• Legal & General v CCA Stationery [2003] EWHC 1491 & 2989
• Mallone v BPB Industries [2002] EWCA Civ 126
• Hearn v Younger [2002] EWHC 963
• Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group Plc [2002] EWHC 651
• Hoover Ltd v Hetherington [2002] EWHC 1052
• Stevens v Bell & Others [2002] EWCA Civ 672 (the British Airways litigation)
• National Grid Co Plc v Laws [2001] 1 WLR 864, HL
• AMP v Barker [2001] PLR 77
• Lansing Linde Ltd v Alber [2000] PLR 15
• Hillsdown Holdings Plc v The Pensions Ombudsman [1996] PLR 437
• McDonald v Horn [1995] 1 All ER 961
• LRT Pension Fund Trustee Company Ltd v Hatt [1993] PLR 227
• Davis v Richards & Wallington Ltd [1990] 1 WLR 1511
• Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587
• Re Courage Group Pension Scheme [1987] 1 WLR 495

Our clients

Our clients include major employer companies, trustees (in particular, professional trustee companies), insurers, industry bodies (e.g. the Pensions Regulator and the Pensions Protection Fund), the government and individual pension scheme members.

We advise all professional disciplines involved in the administration of pension schemes, including actuaries, investment advisers, solicitors, professional trustees, auditors and accountants.

What the directories say

THE SET - Outer Temple Chambers has firmly established itself as "real competition to Wilberforce Chambers" and, following Nicolas Stallworthy's elevation to Queen's Counsel in 2011, hosts increased depth at silk level to match its excellent cadre of junior barristers. The set particularly distinguishes itself in the market through an ability to construct multidisciplinary teams, doing particularly well with regards to employment/pensions crossover work.

SILKS -  Having appeared in a large number of important cases in recent times, Andrew Spink QC has demonstrated that "he can mix it with the best, and do so with an easy, commercial manner," say sources. His practice covers both litigation and advisory work, one recent highlight being his representation of Lehman Brothers Holdings and three other targets in the Pensions Regulator Determinations Panel financial support hearing and determination. Employment expert Andrew Short QC has developed a significant complementary pensions practice and is particularly sought after for equalisation and discrimination cases. He can be relied upon as a "technically adept and precise" barrister, who offers "thorough, clear and pragmatic advice." Nicolas Stallworthy QC was the subject of a torrent of praise from interviewees, who say that "he thoroughly deserved to be made silk and will, no doubt, do very well." They add that he is "meticulous and logical" in the advice he offers and someone who "demonstrates a client commitment which is second to none."

JUNIORS - Richard Hitchcock is "the full package" when it comes to juniors at the Pensions Bar. "Accessible and good with clients," he produces "excellent advocacy, addressing the court with a laudable touch of humour and an elegant turn of phrase." He is acting on behalf of P&O Ferries in its multimillion-pound dispute with Stena Line concerning the funding of the deficit in the Merchant Navy Ratings Pension Fund. Keith Bryant maintains a strong pensions practice alongside his highly regarded employment expertise. Combining his in-depth knowledge of these two fields, he regularly advises local government, NHS employers, police forces and fire authorities in relation to their statutory schemes. He attracts particular praise for his straightforward advice, with one interviewee asserting: "He gave us a firm opinion where others may have tried to sit on the fence."

Others - at the set to impress include the "helpful and practical" David Grant, who "continues to improve" and demonstrates "confident and robust case handling." He has advised on numerous Pensions Ombudsman appeals in the last year. Also garnering praise is Naomi Ling, whom market observers applaud for her technical expertise in pensions work and strong client facing skills. She has a significant advisory practice, with a particular focus on discrimination, contractual entitlements to pension rights and the Local Government Pension Scheme. At the more junior end, Farhaz Khan is acknowledged as "up and coming" and "one to watch." Sources say: "He has detailed and extensive knowledge of the subject and delivers his advice in clear client-friendly terms." James Rickards, meanwhile, has proved himself particularly adept for pensions regulatory work. He frequently acts as counsel for the Pensions Regulator Determinations Panel, although he does increasingly represent parties appearing before the panel. Saul Margo enters the rankings having developed a significant body of experience in the pensions field. He is currently acting on behalf of the Fire Brigades Union in its long-running dispute with the Department for Communities and Local Government concerning the definition of pensionable pay in the Firefighters’ Pension Scheme.Chamers and Partners 2012

Praised for its ‘very innovative and client-focused approach’, Outer Temple Chambers has developed an ‘enviable reputation’ for pensions law and is challenging Wilberforce Chambers’ supremacy in the area. Andrew Spink QC is the set’s leading pensions silk and is ‘definitely someone you want on your side’; ‘he has extensive expertise and is a real pleasure to work with’. Andrew Short QC (who took silk in 2010) is also ‘very knowledgeable’ and an ‘excellent performer on his feet’, currently enjoying increased involvement in high-profile pensions cases. Further increasing the set’s critical mass at silk level, Nicolas Stallworthy QC is very highly regarded by clients, who have described his recent elevation to silk as ‘well deserved’; he is ‘reliable and passionate, and never lets you down’. Long acknowledged as a leading junior, Richard Hitchcock has a fine reputation at the pensions Bar, and ‘knows the practice area inside out’. The ‘approachable and intelligent’ Keith Bryant uses his wider employment practice to inform his pensions work; David Grant is ‘academically on the button’; and Naomi Ling is an ‘excellent junior who gets to the heart of the issue very quickly’. Legal 500 2011

Memberships and involvement

Members of our pensions team regularly lecture on pensions and commercial trust law and are members of the Association of Pensions Lawyers, the Chancery Bar Association, the Commercial Bar Association, the Professional Negligence Bar Association, the Financial Services Lawyers Association and the Association of Regulators & Disciplinary Lawyers.