Nicolas Stallworthy
Called to bar 1993
Clerk Chris Gittins Tel: 020 7353 6381
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Biography
Nicolas Stallworthy specializes in pensions and commercial trust law (particularly in relation to occupational pension schemes). Nick was described by Sir Andrew Park in Smithson v Hamilton [2007] EWHC 2900 at [11] as a "formidable expert in all aspects of the law relating to pension schemes".
Nick has wide experience of almost every aspect of pensions law.
In particular, his cases have concerned equalisation; rectification; the setting aside of trustees' deeds under the principles in Re: Hastings-Bass and/or on grounds of mistake; pension scheme funding; the distribution of surpluses; employer debts, insolvency and the winding up of pension schemes; Financial Support Directions and other applications before the Determinations Panel of the Pensions Regulator; the Pensions Protection Fund; maladministration and breaches of trust/fiduciary duty by trustees; tracing/restitution of trust property; applications for Beddoe relief; pensions mis-selling; and complaints to, oral hearings before and appeals from the Pensions Ombudsman.
Nick also undertakes general chancery work (commercial and contractual litigation) and professional negligence cases (particularly relating to solicitors, actuaries, scheme administrators, benefits consultants and financial advisers).
Areas of practice
Pensions, Professional Negligence, Commercial & Business, Financial Services
What the directories say
Chambers & Partners identifies Nick as the "star performer" amongst the juniors of the pensions bar (above band one). The Legal 500 ranks Nick in band one for pensions.
Chambers & Partners say Nick "is carving out a reputation as "arguably the leading pensions junior." ... 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". [Nick] has been involved in some of the most important pensions cases over the past year".
Legal 500 says that Nick "demonstrates an 'impressive ability to assimilate huge amounts of complex information' and 'convert it into plain English'.".
Notable cases
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Bridge Trustees Ltd v Yates [2008] EWHC 964 and judgment pending from Court of Appeal
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Re: the IMG Pension Plan, HR Trustees Ltd v (1) German & (2) IMG (UK) Ltd [2009] EWHC 2785
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Re: PD Teesport Ltd, PNPF Trust Co Ltd v Taylor & Others [2009] EWHC 1693
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Re: the Derfshaw Retirement Benefits Scheme, the Determinations Panel of the Pensions Regulator, 2009
- Capital Cranfield Trustees Limited v Beck & Tabor, Re: the A.C. Skelton Pension & Life Assurance Scheme [2008] EWHC 3181
- Foster Wheeler Ltd v Hanley & others [2008] EWHC 2926 - appeal pending
- Hearn v Dobson [2008] EWHC 1620
- Smithson v Hamilton [2007] EWHC 2900 and EWCA Civ 996
- Alexander Forbes Trustee Services Ltd v Clarke [2008] EWHC 153
- Re: the Sea Containers 1983 Pension Scheme, the Determinations Panel of the Pensions Regulator, 2007
- 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 and [2009] EWHC 1557
- Pinsent Curtis v Capital Cranfield Trustees Ltd [2005] EWCA Civ 860
- Stevens v Bell [2002] EWCA Civ 672 (the British Airways litigation)
- Hoover Ltd v Hetherington [2002] EWHC 1052
- Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group Plc [2002] EWHC 651




