Pensions
Outer Temple has long been established as one of the leading Chambers specialising in pensions law, whether in litigation or in complex transactions. Members of Chambers appear regularly in the High Court and Appellate Courts, before the Pensions Ombudsman and the Determinations Panel of the Pensions Regulator, and in Employment and Employment Appeal Tribunals.
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 on all aspects of pensions & trusts law, from interpreting the most technical details of new legislation to applying arcane aspects of trust law.
Members of our group regularly lecture on pensions & 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. Members of Chambers, including Nigel Inglis-Jones QC, are available to act as arbitrators and mediators.
Outer Temple is unusual in having acknowledged expertise in both pensions and employment law and is able to provide practitioners with dual expertise. Some of Chambers’ members also specialise in regulatory & disciplinary matters (e.g. disciplinary proceedings before the Adjudication and/or Disciplinary Tribunal Panels of the Faculty and Institute of Actuaries, and criminal prosecutions brought by the Pensions Regulator). Multi-disciplinary teams are available where required. Some members are qualified to appear in New York and the British Virgin Islands.
Cases in which members of Chambers have acted have concerned: the interpretation of scheme or statutory provisions; issues as to whether scheme provisions are void or voidable on grounds of mistake and/or under the principles in re: Hastings-Bass; applications for rectification of scheme deeds & rules; applications to and oral hearings before the Pensions Regulator; the operation of European law and TUPE in relation to UK pensions; the Pensions Protection Fund and the Financial Assistance Scheme; sex discrimination (‘equalisation’); age discrimination; discretionary bonus arrangements; directors’ pension & severance arrangements; breaches of trust/fiduciary duty and/or maladministration by trustees; tracing/restitution of trust property; the distribution of surpluses; applications for Beddoe relief; pensions and insolvency; complaints to, oral hearings before and appeals from the Pensions Ombudsman; complaints to the PPF Ombudsman; civil and criminal regulatory proceedings against former trustees; pensions mis¬selling (including matters before the Financial Ombudsman) and allegations of professional negligence against all professional disciplines involved in the administration of pension schemes (e.g. actuaries, investment advisers, solicitors, professional trustees, auditors & accountants).
Notable cases include:
- Re Courage Group Pension Scheme [1987] 1 WLR 495
- Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587
- Davis v Richards & Wallington Ltd [1990] 1 WLR 1511
- LRT Pension Fund Trustee Company Ltdv Hatt [1993] PLR 227
- McDonald v Horn [1995] 1 All ER 961
- Hillsdown Holdings Plc v The Pensions Ombudsman [1996] PLR 437
- Lansing Linde Ltd v Alber [2000] PLR 15
- AMP v Barker [2001] PLR 77
- National Grid Co Plc v Laws [2001] 1 WLR 864, HL
- Stevens v Bell & Others [2002] EWCA Civ 672 (the British Airways litigation)
- Hearn v Younger [2002] EWHC 963
- Minter v Julius Baer Investment Management Inc London [2004] EWHC 2472
- Armitage v Staveley [2005] EWCA Civ 792
- Robins v Department for Work & Pensions (2007) C-278/05, ECJ
- Smithson v Hamilton (2007) EWHC 2900
Should you have any queries relating to our Pensions team, please do not hesitate to contact our Clerk Chris Gittins on 020 7353 6381.
What the directories say
Legal500 2008
In addition to two excellent pensions silks, Outer Temple Chambers impresses with an extremely strong showing among the more experienced juniors.
Top-tier silk Nigel Inglis-Jones QC is held in the ‘ highest regard' for his ‘ commercial approach', ‘ grasp of the technicalities', and being ‘ very, very effective'.
Andrew Spink QC is ‘ charming and impressive'.
Of the juniors, Richard Hitchcock is ‘ particularly impressive in court'.
Nicolas Stallworthy has been a ‘ dream junior', deemed ‘ sharp, thorough and tenacious' in cases such as Sea Containers.
New entrant David Grant is praised as a ‘ fast and thorough' advocate, whom rival parties ‘ race to instruct'.
Keith Bryant is ‘ clear', ‘ commercial', and ‘ effective'.
Chambers and Partners 2008
This high-profile set has secured a place for itself in the pensions firmament due to its solid team of silks and especially high-quality juniors.
Nigel Inglis-Jones QC is renowned as "one of the all-time greats at the pensions Bar." His "immense experience" and "gentlemanly approach" put clients at ease, while his "ability to turn things around quickly" and lend "practical, commercial advice" make him the first port of call for many solicitors. He is also a "highly-polished advocate," having been involved in numerous high-profile cases including Steria Ltd v Hutchison, which concerned whether a member was estopped from claiming particular pension benefits promised by letter and in a pensions booklet, whilst not being in the scheme's trust deed and rules. He further provided advice on the National Bus Pension Scheme and Fund, regarding the entitlement to, and distribution of, surplus repaid by the Government to the scheme.
Professional negligence litigation forms the core of Andrew Spink QC's practice and he appears on behalf of actuaries, solicitors and other professional advisers. His breadth of experience is expanding into other areas of pensions work, with commentators stating: "Everybody who has worked with him has been very impressed by his aggressive and bullish courtroom manner." Recently, he has advised several hundred claimants in the Equitable Life group action alleging mis-selling of with-profit pension annuities. He acted on behalf of the Anglo-Irish pension scheme on the application of the Occupational Pension Schemes Regulations 2005.
Leading junior Richard Hitchcock is rated highly for his "sound commercial judgement." "Extremely likeable," sources concur that he is "very pleasant to work with" outside of court, and the possessor of a "highly engaging advocacy style" once on his feet. "Able to present a case very effectively," he represented the UK government in Robins and others v Department for Work and Pensions against claims that it had failed to comply adequately with the terms of Article 8 of the European Insolvency Directive.
Other cases include Electrolux v Rumble and others, representing the former senior director of Electrolux and associated companies defending secret profits and breach of fiduciary duties claims.
"Clients love Nicolas Stallworthy," according to solicitors. "Incredibly bright, always thoroughly prepared and user-friendly to boot," this "affable" junior has no shortage of admirers. His "lively mind and deep interest in the law" help him get to grips with "the most complicated" matters, such as Dalgety Pension Trust Ltd v PIC Fyfield Ltd & Others.
Keith Bryant maintains a practice incorporating pensions and employment work and is acclaimed for his "extensive knowledge of the area." He has been advising a number of local authorities on the implications of the Age Discrimination Regulations 2006.
David Grant is "user-friendly and good with clients," according to professional commentators. He takes instructions from the most high-profile firms and has conducted numerous recent Pensions Ombudsman appeals, including Lawrence v Boots Pensions, Lemster v Black & Decker and Strouthos v LRT Pension Fund Trustee.
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