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, 2009
At Outer Temple Chambers, the 'knowledgeable', 'practical' and 'highly experienced' Nigel Inglis-Jones QC was instructed on NBPF Trustees Ltd v Warnock Smith. Fellow silk Andrew Spink QC, acting for the respondent in Foster Wheeler, moves up this year as an 'impressive' advocate and 'formidable pensions litigator'. Among the juniors, Richard Hitchcock, Nicolas Stallworthy, and Keith Bryant confirm the set's reputation for 'user-friendly', 'commercial' and 'sound' advice. Hitchcock, who was also instructed on Foster Wheeler, 'impresses on his feet'. Stallworthy demonstrates an 'impressive ability to assimilate huge amounts of complex information' and 'convert it into plain English'. Recent cases include Bridge Trustees v Yates. David Grant is valued for 'good turn around times' and 'attention to detail' on High Court cases. New recommendation Andrew Short, instructed for the representative beneficiaries on Foster Wheeler, has 'impressive advocacy style' and is 'able to hold his own against silks'.
Chambers and Partners 2010
Outer Temple Chambers "continues to give other top-tier sets a run for their money" due to its impressive roster of names. It is particularly known for the strength of its juniors but can boast some fine silks too. Nigel Inglis-Jones QC is warmly regarded by his clients and brings "immense experience and a reassuring presence to the courtroom." He is "extremely commercial in his approach and very robust," and has worked extensively on a number of high-profile cases. Andrew Spink QC is "a formidable pensions litigator" who is both "impressive and charming." He displays excellent advocacy skills and an outstanding knowledge of pensions-related professional negligence claims. Spink has been involved in a number of cases including IMG, Foster Wheeler and various black-letter litigation cases.
Among the set's acclaimed juniors, Nicolas Stallworthy is carving out a reputation as "arguably the leading pensions junior." He is commended for his "ability to think outside the box" and for his detailed, structured approach. Observers describe him as "engaging, intelligent and a great all-rounder with tremendous energy," who is also "responsive, commercially astute and extremely user-friendly." Stallworthy has been involved in some of the most important pensions cases over the past year, and his profile has risen accordingly. Andrew Short enjoys his share of the limelight too. Reliable, bright and able to hold his own with pension silks, he recently displayed his "impressive advocacy style" when acting for the representative beneficiary in the Foster Wheeler case.
Those in the know predict that "an appointment to silk can't be very far away" for Richard Hitchcock. For the moment, he remains "a standout pensions junior" with a "proactive, client-friendly approach and an affable manner." He offers "an excellent combination of intellect and commercial instinct," and further boasts superb advocacy and negotiation skills. Others favoured at the set include Keith Bryant, whom clients regard as a "consistent and reliable advocate." He was another to work on the case involving the Foster Wheeler pension scheme, successfully representing the beneficiary. David Grant is a confident advocate and "a persuasive presence on his feet." As "an independent thinker who doesn't need a leader in order to shine," he provides good value for money as a junior. Grant has worked on a number of cases involving both pensions and employment, and is "easy to deal with on a day-to-day basis."
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