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Saul Margo

Saul Margo

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Saul Margo specialises in pensions, employment and commercial work. He has been instructed in some of the highest profile pensions cases over the last couple of years including IBM v Dalgleish and the Lehman Brothers and GPG regulatory actions. He is recommended in Chambers & Partners and Legal 500.

Recent employment work includes representing a large cohort of claimants in Miller v Ministry of Justice (concerning the entitlement of fee-paid judges to a pension and other elements of pay) as well as being instructed in numerous claims that are connected to this litigation, many of which have now reached either the EAT or the Court of Appeal. He is regularly instructed in complex and lengthy discrimination cases. He is described in Chambers & Partners as “Brilliant in his oral advocacy, and fearless.” As a result of his position on the Treasury B-Panel he has represented a wide variety of government departments across the whole spectrum of employment, pensions, commercial and public law matters and regularly advises the Pensions Regulator on matters with a pensions / employment cross-over.

Recent commercial work includes acting (led by Nicolas Stallworthy QC) in a complex professional negligence claim, both advising and acting in cases involving the mis-selling of swaps and a claim brought in the High Court on behalf of 32 claimants alleging a contractual entitlement to a higher level pension contributions from their employer.

Saul has a first class degree from Cambridge in Philosophy.

Employment & Discrimination

Cases

MoJ v Burton & Engel [2016] EWCA Civ 714, CA

The MoJ appealed against the quantification of the payment for judgment writing in multi-day cases to which these part-time judges were held to be entitled. Saul successful represented the First Respondent.

Aarons v The Secretary of State for the Home Office: Challenges to the transitional protection under 2015 police pension reforms

Acting (for nearly 9000 (and counting) police officers in England, Wales and Scotland in a challenge to the transitional protection given to some officers. The claims being pursued are direct age discrimination, indirect race and sex discrimination and equal pay.  The respondents are every police force (43 in England and Wales plus the Scottish force), the Home Secretary and the Scottish Ministers

Burton & Engel v MOJ [2016] IRLR 100

Successfully represented the lead Claimant (a retired judge in the Residential Property Tribunal Service) in an appeal by the MoJ against the finding of the ET that the Claimants had been treated less favourably than full-time tax judges in relation to payments for writing judgments. This judgment binds the MoJ in relation to the claims of all judges within the same jurisdiction and is likely to cost the ministry a very large sum of money, as yet to be determined.

Eddie Stobart v Aikman

High Court proceedings concerning a breach of the implied term of trust and confidence in relation to pension benefits. A favourable settlement was reached before trial

Edge & Burton v MOJ KEAT/0247/15

EAT case concerning the entitlement of the MOJ to contend that the claimants were not entitled to receive a judicial pensions as compensation for less favourable treatment under the PTWR.

Miller & Others v MOJ

Acted on behalf of approximately 80 judges with part-time service who are seeking to establish their entitlement to a pension referable to that service following the Judgment of the Supreme Court in the O’Brien litigation.

Yvonne Mills v London Borough of Brent (EAT)

Successful represented the Respondent in resisting an appeal which sought to overturn the ET’s decision to strike out the claim on the basis that it amounted to re-litigation of a claim that had been withdrawn. Allegations of bias on the part of the ET were also rejected by the EAT.

Spaceright Europe Limited v Baillavoine & Others [2012] ICR 520

Successfully represented the Claimant in a case concerning the correct application of regulation 7 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. Saul was led by Keith Bryant in the Court of Appeal and acted on his own for Mr Baillavoine in the ET and the EAT.

Burns v Santander [2011] IRLR 639

Successfully represented the Respondent in a case concerning whether the Claimant, who alleged he was wrongly remanded in custody, was entitled to be paid his wages while in custody.

St Ives Plymouth Limited v Haggerty (EAT)

Successfully represented the Claimant – the EAT upheld the Tribunal’s finding that she was an employee and there was the irreducible minimum of obligation between the parties.

Pensions & Trusts

Cases

Webber v Department for Education [2017] ICR 198, [2017] Pens. L.R. 1

Instructed by the Department for Education in an appeal against a decision of the Pensions Ombudsman. The case sets an important precedent concerning the application of time limits to overpayment cases before the Ombudsman.

Re: Guinness Peat Group Plc

Instructed by the Trustees of the Coats UK Pension Plan in what is probably the largest and most complex on-going regulatory action brought by the Pension Regulator in respect of one of the UK’s largest schemes (with in the region of 27,000 members).

Moores Furniture Group Limited v Turnpenny & Others

Instructed by the employer in a successful summary judgment application for rectification of a pension scheme Deed & Rules.

Re Wedgwood Group Pension Plan

Representing the Trustee in a Part 8 claim raising numerous issues relating to whether the scheme was validly closed to future accrual – the case is also likely to raise rectification issues.

Aarons v The Secretary of State for the Home Office: Challenges to the transitional protection under 2015 police pension reforms

Acting (for nearly 9000 (and counting) police officers in England, Wales and Scotland in a challenge to the transitional protection given to some officers. The claims being pursued are direct age discrimination, indirect race and sex discrimination and equal pay.  The respondents are every police force (43 in England and Wales plus the Scottish force), the Home Secretary and the Scottish Ministers.

Eddie Stobart v Aikman

High Court proceedings concerning a breach of the implied term of trust and confidence in relation to pension benefits. A favourable settlement was reached before trial

IBM UK Ltd & IBM Holdings Ltd v Dalgleish & Others (the remedies judgment – [2015] EWHC 389 (Ch), [2015] Pens. L.R. 99)

This landmark case concerns whether IBM breached its duty of good faith to employees in 2009 when seeking to alter their terms & conditions for pensions pay. Saul was instructed on behalf of the Trustee as part of a team in an expedited 2-week trial of novel issues of principle as to what the remedies should be.

Edge & Burton v MOJ UKEAT/0247/15

EAT case concerning the entitlement of the MOJ to contend that the claimants were not entitled to receive a judicial pensions as compensation for less favourable treatment under the PTWR.

Miller & Others v MOJ

Acted on behalf of approximately 80 judges with part-time service who are seeking to establish their entitlement to a pension referable to that service following the Judgment of the Supreme Court in the O’Brien litigation.

Re: Lehman Brother Pension Scheme

Instructed by a group of Targets for the purposes of the Upper Tribunal proceedings.

Hewlett-Packard Limited v David Shaw Bolland & Others (2013)

A case concerning construction and rectification of a pension scheme deed & rules.

Wheeler v Southern Water Services Ltd [2010] EWHC 1876 (Ch)

An appeal from a Determination of the Pensions Ombudsman relating to the provision of ill-health retirement benefits.

Re DP Laboratory Retirement Benefits Scheme

TPR case concerning the appointment of an independent trustee.

Commercial & Chancery

Cases

Wadhwani v The Royal Bank of Scotland

Representing the Claimant in a high value swaps mis-selling claim in the Chancery Division that is likely to come to trial in 2017.

Charminster Limited v HSBC and Barclays Bank

Represented the First Defendant in a claim for breach of mandate / breach of contract and breach of duty of care relating to fraudulent withdrawals made from a company account. Favourable settlement reached at mediation.

CSM Storage & Archives v Linde Handling

Successfully represented the Claimant in claim for breach of contract / negligence arising out of damage to a container handling vehicle.

White Young Green v Pearson Jones

Represented the defendant to a high-value professional negligence claim that settled before trial (led by Nicolas Stallworthy QC).

Eddie Stobart v Aikman

Represented over 30 Claimants in High Court proceedings in the QBD concerning a breach of contractual terms relating to employer pension contributions. A favourable settlement was reached before trial.

Ensign Fuels v Ensign Bus Company

Represented the Claimant in a claim for negligence / breach of contract arising out of the wrongful delivery of red diesel.

Webber v Department for Education

Instructed by the Department for Education in an appeal against a decision of the Pensions Ombudsman. The case sets an important precedent concerning the application of time limits to overpayment cases before the Ombudsman.

Re: Guinness Peat Group Plc

Instructed by the Trustees of the Coats UK Pension Plan in what is probably the largest and most complex on-going regulatory action brought by the Pension Regulator in respect of one of the UK’s largest schemes (with in the region of 27,000 members).

IBM UK Ltd & IBM Holdings Ltd v Dalgleish & Others (the remedies judgment)

Instructed on behalf of the Trustee as part of a team in an expedited two-week trial of novel issues of principle as to what the remedies should be. A landmark case concerning whether IBM breached its duty of good faith to employees in 2009 when seeking to alter their terms & conditions for pensions pay.

Moores Furniture Group Limited v Turnpenny & Others

Instructed by the employer in a successful summary judgment application for rectification of a pension scheme Deed & Rules.

Re: Wedgwood Group Pension Plan

Representing the Trustee in a Part 8 claim raising numerous issues relating to whether the scheme was validly closed to future accrual – the case is also likely to raise rectification issues.

 

Appointments & Memberships

  • APL
  • COMBAR
  • ELA
  • ELBA
  • ILS

Awards

  • Denning Scholarship

Areas of Law


Recommendations


badgeSaul Margo Accreditations

Testimonials


“He has great memory recall and always considers the bigger picture.” Pensions, Legal 500 2017

“A passionate barrister with conviction.” Employment, Legal 500 2017

“Saul has been extremely good operating in a team of leading counsel and solicitors to conclude extremely complex cases to the clients’ satisfaction.” Pensions, Chambers & Partners 2017

“He is one to watch – an excellent tactician.” Employment, Chambers & Partners 2017

“He is conscientious and is always available at the end of the phone to deal with any questions as they arise.” Employment, Chambers & Partners 2017

“Bright, capable and attentive – one to watch.” Employment, Legal 500 2016

“A particularly engaging advocate. Very thorough and very convincing, and he uses his light touch to considerable effect.” Employment, Chambers & Partners 2016

“Brilliant in his oral advocacy, and fearless.” Employment, Chambers & Partners 2016

“Incredibly hard-working” with “a really sharp, accurate brain” and “a really good team player”. Pensions, Chambers & Partners 2016

“He is very knowledgeable and has got a good grasp of pensions matters.” “Incredibly hard-working, he has a really sharp, accurate brain and he works through issues quickly and impressively. He’s also a really good team player.” Pensions, Chambers & Partners 2015

“A junior of choice.” Pensions, Legal 500 2015

“We are impressed by the level of detail provided by Saul.” Pensions, Chambers & Partners 2014

“He provides excellent client care.” Pensions, Legal 500 2014

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