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Simon Oakes

Simon Oakes

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Simon Oakes practises in commercial law, with a particular focus on banking & financial services matters. He has been involved in major financial services cases in recent years, including the LIBOR manipulation cases of Graiseley Properties Ltd v Barclays Bank Plc in the Court of Appeal, and Hockin v Royal Bank of Scotland in the High Court.

Having been seconded to both the Financial Services Authority and the Pensions Regulator, Simon has acted for individuals in complex regulatory cases, including those brought by international banking regulators.

Pensions & Trusts

Simon’s current and recent pensions work includes:

• Viavi v Shannan & Others [2018] EWCA Civ 681: Successfully resisting an appeal, as to the validity of the substitution a principal employer and consequent questions as to whether subsequent deeds were validly executed by the correct employer company. Also involved questions relating to the Duomatic principle, and estoppel by deed (led by Nicolas Stallworthy QC). See further: http://www.outertemple.com/2018/04/3787/

• Viavi v Shannan & Others [2016] EWHC 1530 (Ch) (led by Nicolas Stallworthy QC)

• Acting for the Pensions Regulator on matters including prohibition of Scheme Trustees, and Auto-Enrolment penalties

• A professional negligence claim, arising out of an alleged failure to advise in relation to pension scheme amendments

• A professional negligence claim, arising out of a failure to validly amend a scheme deed (led by Nicolas Stallworthy QC)

• Advising (with Richard Hitchcock QC and Lydia Seymour) on the enforceability of non-pensionability agreements, and on proposed amalgamation of trustee boards of several different schemes

• A professional negligence claim against the administrator of a personal pension scheme

• Advising members of various schemes on potential complaints to the Pensions Ombudsman.

Simon was seconded to the Pensions Regulator for five months in 2015, working across the Regulator’s legal teams. He built up a good knowledge of the Regulator’s approach, in particular whilst working on pensions liberation / scams, avoidance and scheme funding matters, as well as advising in relation to statutory interpretation and the exercise of the Regulator’s powers.

Appointments & Memberships

  • COMBAR
  • Financial Services Lawyers Association
  • Association of Pension Lawyers

Awards

  • Sir Louis Gluckstein Prize For Advocacy
  • Lord Denning Scholar, Lincoln’s Inn
  • Scholar, Christ Church, Oxford University

Simon Oakes is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

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