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Jennifer Seaman

Jennifer Seaman

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Jennifer Seaman’s practice includes all areas of chancery and commercial litigation, with a particular emphasis on pensions, trusts and probate disputes, contractual and commercial disputes, civil fraud, professional negligence, company and partnership disputes, property and insolvency.

Jennifer regularly appears as a sole advocate in the High Court. She has had appeared, as junior counsel, in the Court of Appeal and in the Supreme Court. She was recently instructed on two high-profile Supreme Court cases: Futter v HMRC [2013] UKSC 26 (trustee powers and mistaken dispositions) and Benedetti v Sawiris [2013] UKSC 50 (restitution and quantum meruit awards).

Jennifer was appointed to the Attorney General’s B Panel in June 2016.   She is recommended as a Leading Junior in the field of Pensions in Chambers & Partners and in The Legal 500.

Publications

Jennifer is the author of numerous articles on trusts and pension litigation including:

The ‘best interests’ principle and seeking the Court’s blessing: Merchant Navy Ratings Pension Fund Trustees Ltd v. Stena Line Ltd, Trusts & Trustees (2016);

Commonplace mistakes in drafting wills and trusts and what can be done to resolve them (Trusts & Trustees 2015 21 (4): 438-448);

An Exercise in Good Citizenship? on the Pitt v Holt and Futter v Futter decisions in TQR Oct 2013 (Co-author);

She is also the author of Tolley’s Pension Law chapter on Dispute Resolution and Pension Scheme Litigation.

Pensions & Trusts

Pensions and Trusts

Jennifer is an established junior in the field of Pensions and Trusts and has been involved in a number of important cases in these fields.

Her recent cases in this area have included wide-ranging issues such as: professional negligence of actuaries and solicitors; construction disputes relating to pension schemes and trusts; the rectification of pension schemes and trusts; probate disputes; inheritance act claims; breach of trust and the nature and exercise of trustee powers. She has also acted for the Pensions Regulator.

Jennifer was in the landmark Supreme Court case of Futter v HMRC, the leading case on trustee powers and the equitable jurisdiction to provide relief for a mistake.

She has also recently acted in the highly publicised probate claim of Sharp v Hutchins [2015] EWHC 1240 (Ch).

Jennifer is recommended as a Leading Junior in the field of Pensions in Chambers & Partners and The Legal 500.

Cases

The Coats Pension Plan / Guinness Peat Group [2015]

Jennifer was instructed by the Pensions Regulator in connection with investigations under the Pensions Act 2004 into matters connected with the Coats Pension Plan.

Re Butcher; Sharp v. Hutchins [2015] EWHC 1240 (Ch) 

Jennifer acted for the successful claimant, Mr Sharp, in upholding a Will challenged on the grounds of want of knowledge and approval.

Ballinger & Anor v Mercer Ltd & Anor [2014] EWHC 372 (Ch) & [2014] EWCA Civ 996

Jennifer acted as a junior on behalf of the defendant companies who provided actuarial services to the pension scheme in a claim brought by the trustees of the scheme. The case raised important questions around the limitation defence. Instructed by Maurice Turnor Gardner LLP.

GE v. KE [2014] EWHC 1938 (Fam); [2014] Fam. Law 1113

Jennifer successfully appeared on behalf of the administrators of the deceased’s estate and his widow in a dispute as to whether the widow was legally married to the deceased at the date of his death.

Futter v. HMRC [2013] UKSC 26

Jennifer was instructed, with Robert Ham QC and Richard Wilson, to act as junior counsel for the Appellant trustees in their appeal to the Supreme Court, which concerned the existence and limits of the principle known as the rule in Re Hastings Bass.  Instructed by Withers LLP.

Konica Minolta Business Solutions (UK) Ltd v Applegate [2012] EWHC 3741 (Ch) & [2013] EWHC 2536 (Ch)

Jennifer acted on behalf of the trustees of the Konica Minolta pension scheme in proceedings commenced by the employer for rectification of the scheme rules.

Entrust Pension Ltd v (1) Prospect Hospice Ltd and (2) Yvonne Hunter [2012] EWHC 1666 (Ch) & [2012] EWHC 3640 (Ch)

Jennifer acted as a junior on behalf of the Second Defendant, a representative member of the ‘Flexiplan’ pension scheme, in a two stage trial regarding the level of benefits due to scheme members. Instructed by Eversheds LLP.

McCall v ITN & Baker

In 2012, Jennifer acted with Sarah Asplin QC on behalf of ITN in a claim concerning the construction of the ITN pension scheme. Instructed by Addleshaw Goddard LLP and Burness LLP.

Hallett v. Hallett

In July 2012, Jennifer successfully appeared on behalf of the Claimant widow, who was awarded 50% of the deceased’s net estate under the 1975 Inheritance Act.

Re Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch)

Jennifer successfully appeared on behalf of the applicants to rectify an inter vivos trust deed, which did not represent the applicants’ intentions.

Keith Maxwell Tamlin & Ors v. Holly Holbrook Samuel Edgar & Ors (Times, February 23, 2012)

Jennifer acted (as sole counsel) for the third defendant, a beneficiary under two related family trusts. The case concerned the claimant trustees’ application for the Court’s approval of advancements to wind-up the two trusts. Instructed by Trowers & Hamlins LLP.

Re Great Lakes (UK) Limited Pension Plan (2011); Chemtura Manufacturing UK Ltd

In 2011, Jennifer acted with Sarah Asplin QC on behalf of the Trustees of the Plan in response to a Warning Notice issued by the Pensions Regulator, in connection with an alleged shortfall. Instructed by Burges Salmon LLP.

Jennifer acted as junior counsel on behalf of a professional trustee, in relation to a substantial application for Beddoe relief.  The proceedings were heard in private in the Chancery Division by Lindsay J in May and June 2010.  Instructed by Boodle Hatfield LLP.

 

Court of Protection

Related to Jennifer’s expertise in pensions, trust and probate cases, Jennifer’s practice includes Court of Protection matters in relation to property and financial affairs.  Her recent work in this area includes: deputyship applications; applications relating to Powers of Attorney, and directions regarding property and financial affairs.

Commercial & Chancery

Jennifer’s practice includes all areas of commercial and commercial chancery litigation, and she advises on and represents parties in cases relating to: contractual disputes; commercial fraud; professional negligence; shareholders’ rights; company insolvency and insurance.

Jennifer has a particular interest in cases involving issues of restitution / unjust enrichment. She was in the landmark Supreme Court case of Benedetti v Sawiris [2013] UKSC 50, which concerned issues of restitution and the valuation of a quantum meruit award.

Cases

Nortel Networks UK (in administration) & Other European Nortel Companies (2014)

Jennifer assisted Herbert Smith Freehills acting for the EMEA Claimants in relation to evidential matters in the global insolvency and sale of the Nortel group and related proceedings in the English, US and Canadian courts.

Benedetti v Sawiris [2013] UKSC 50

Jennifer was instructed, with Mark Howard QC and Andrew Twigger QC, to act as junior counsel for Mr Benedetti in his appeal to the Supreme Court, which concerned issues of restitution and the valuation of a quantum meruit award.

Trade Air Airline Support Ltd v Kingdom Holdings Company

In 2012, Jennifer acted on behalf of Kingdom Holding Company in a commercial dispute concerning the Kingdom’s private 747 aircraft. Instructed by Hogan Lovells LLP.

Arab Banking Corporation & ABC Islamic Bank v Ahmad Hamad Algosaibi & Brothers (AHAB) (2011)

Jennifer was instructed as a junior with Andrew Twigger QC, to act on behalf of ABC and ABCIB banks to recover a sum in excess of US$100 million from AHAB, a partnership based in Saudi Arabia. The case was set to be one of the largest cases before the Commercial Court in 2011, but ended on the 4th day of trial after AHAB admitted contractual liability. Instructed by Herbert Smith LLP.

Professional Negligence

Drawing on Jennifer’s expertise in pensions, trust and probate claims and commercial litigation, Jennifer’s practice includes professional negligence litigation in these related fields. In particular, professional negligence claims against solicitors, accountants, auditors, actuaries and financial practitioners.

Jennifer has experience in acting for both for the claimant bringing professional negligence proceedings, and on behalf of the defendant resisting such proceedings.

Cases

Jennifer is currently involved in a number of on-going cases relating to professional negligence claims brought against solicitors in the context of drafting wills and trusts.

Ballinger & Anor v Mercer Ltd & Anor [2014] EWHC 372 (Ch) & [2014] EWCA Civ 996

Jennifer was instructed as a junior to act on behalf of the Defendants who provided actuarial services to the pension scheme in a claim brought by the trustees. In the Court of Appeal, the Defendants successfully argued that Claimants should not have permission to amend their claim when there was, prima facie, a limitation defence.

Appointments & Memberships

  • Attorney General’s B Panel
  • Association of Pension Lawyers
  • Chancery Bar Association
  • COMBAR
  • Junior Chancery Bar Committee
  • STEP Affiliate Member
  • Association of Contentious Trust and Probate Specialists

Areas of Law


Recommendations


jennifer-seaman-logoJennifer Seaman Accreditations

Testimonials


“She is absolutely fabulous. She has the ear of the judge when she speaks.” Pensions, Chambers & Partners 2017

“She’s a good advocate; she has a very calm understated manner.” Pensions, Chambers & Partners 2017

“A junior of real talent and ability.” Pensions, Legal 500 2016

“A highly sought-after junior in the pensions industry… Her practice is supported by her related expertise in trusts and probate law.” “She gives us quick turnarounds when necessary and she is good on her feet too.” Chambers & Partners 2016

“A junior rising in prominence who receives acclaim from peers.” Chambers & Partners 2015

“An able advocate in her own right.” Legal 500 2015

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