David E. Grant

Call date: 1999

Email: David E. Grant

Areas of Law:	Professional Negligence, Pensions, Financial Services, Employment & Discrimination, Cost Disputes

Practice summary

David E. Grant specializes in pensions, chancery, commercial, financial services, employment and professional negligence (especially pensions-related). He has appeared in many reported cases and has extensive experience of appearing as an advocate in the Court of Appeal, High Court and specialist tribunals. He has been recommended in the directories since 2006, is a member of the Association of Pension Lawyers Litigation Committee and was recently listed as one of the most promising juniors by the Lawyer Magazine "New Faces".

A selection of recent cases

Volvo Group UK Ltd v Wheeler & Ors pensions rectification case heard on paper but with private telephone hearing between Judge and Counsel for the representative beneficiary

Webster v Ashcroft judgment awaited – secret trusts, accrual of cause of action of proprietary estoppel, bankruptcy, locus, application for substitution of executor

Pioneer GB Ltd v Webb [2011] EWHC 2683 (Ch) successful summary judgment rectification of pensions deed

Transport for London v AderemiUKEAT/0006/11/SM discrimination, identify of comparator, application of burden of proof

Grievson v Grievson & Anor [2011] EWHC 1367 (Ch) [2011] 066 PBLR estoppel by representation and convention remitted to the Pensions Ombudsman

Cubic v Weale[2010] EWHC 3231 (Ch) [2011] 015 PBLR, Pensions Ombudsman appeal, estoppel and transfer into scheme

Catchpole v Trustees of the Alitalia Airlines Pensions Scheme [2010] EWHC 1809 (Ch), the first successful application of estoppel in over 20 years

Aon Pension Trustees Ltd v MCP [2010] EWCA Civ 377, the first appellate consideration of s27 of the Trustee Act 1925 on appeal from

MCP v Aon Pension Trustees Ltd [2009] EWHC 1351 (Ch) , the first reasoned confirmation that s27 Trustee Act 1925 applies to pension schemes.

Spencer v Strickland [2009] EWHC 3033 (Ch), constructive trust, illegality, limitation period for claims on promissory notes

Capital Cranfield Trustees Limited v Beck & Tabor, Re: the A.C. Skelton Pension & Life Assurance Scheme [2008] EWHC 3181 Directions as to whether a definition of Normal Retirement Date ("NRD") under the Rules including the words "such day as the Employers shall determine in any particular case and notify in writing to the Member concerned" afforded a power by which NRD could be equalized for ongoing accrual by existing members simply by an announcement

Allan v Johnson Controls [2008] EWCA Civ 1377in which the Court of Appeal dismisse an appeal against a finding that the Claimant had failed to establish that there was an oral contract varying his pension rights

Foster Wheeler Ltd v Hanley & others [2008] EWHC 2926 decision revisiting Hodgson v Toray Textiles and the operation of European & domestic law where a pension scheme has been amended to equalize NRD for men and women, but without making express provision for the retained rights of members with pension accrued by reference to an NRD at age 60

Hay v Surrey County Council [2007] EWCA Civ 93
First consideration by Court of Appeal of the extent to which carrying out an assessment is a part of the duty to make reasonable adjustments