Pensions

Areas of expertise

• Age and sex discrimination
• Beddoe relief
• Breach of trust, fiduciary duties and maladministration by trustees
• Directors’ pensions and severance arrangements
• Discretionary bonus arrangements
• Distribution of surpluses
• European law and TUPE in relation to UK pensions
• Insolvency
• Interpretation of schemes or statutory provisions
• Mis-selling and professional negligence
• Pensions Ombudsman hearings
• Pensions Protection Fund and the Financial Assistance Scheme
• Regulatory and disciplinary matters
• Tracing and restitution of trust property
• Trust law

For further information, contact:

Mark Reeder, Senior Team Leader, 020 7353 6381

Track record and prominent cases

• Smithson v Hamilton (2007) EWHC 2900
• Sea Containers (2007) oral hearing, the Determinations Panel of the Pension Regulator
• Robins v Department for Work & Pensions (2007) C-278/05, ECJ
• 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
• Lewis v Pensions Ombudsman, Re: Nortel [2005] EWHC 103
• Lemforder Ltd v Lemforder Pension Trustees [2005] EWHC 2882
• Pinsent Curtis v Capital Cranfield Trustees Ltd [2005] EWCA Civ 860
• Armitage v Staveley [2005] EWCA Civ 792
• Gallaher Limited v. Gallaher PensionTrustees [2005] EWHC 42
• Capital Cranfield Trustees Ltd v Walsh & Setchim [2004] EWHC 2874
• Minter v Julius Baer Investment Management Inc London [2004] EWHC 2472 v
• Legal & General v CCA Stationery [2003] EWHC 1491 & 2989
• Mallone v BPB Industries [2002] EWCA Civ 126
• Hearn v Younger [2002] EWHC 963
• Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group Plc [2002] EWHC 651
• Hoover Ltd v Hetherington [2002] EWHC 1052
• Stevens v Bell & Others [2002] EWCA Civ 672 (the British Airways litigation)
• National Grid Co Plc v Laws [2001] 1 WLR 864, HL
• AMP v Barker [2001] PLR 77
• Lansing Linde Ltd v Alber [2000] PLR 15
• Hillsdown Holdings Plc v The Pensions Ombudsman [1996] PLR 437
• McDonald v Horn [1995] 1 All ER 961
• LRT Pension Fund Trustee Company Ltd v Hatt [1993] PLR 227
• Davis v Richards & Wallington Ltd [1990] 1 WLR 1511
• Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587
• Re Courage Group Pension Scheme [1987] 1 WLR 495

Our clients

Our clients include major employer companies, trustees (in particular, professional trustee companies), insurers, industry bodies (e.g. the Pensions Regulator and the Pensions Protection Fund), the government and individual pension scheme members.

We advise all professional disciplines involved in the administration of pension schemes, including actuaries, investment advisers, solicitors, professional trustees, auditors and accountants.

What the directories say

THE SET Outer Temple Chambers is home to "some serious players" and is perceived as giving market leader Wilberforce Chambers a real challenge especially at the junior end. The set's experience outside of pure pensions is considered a particular asset as developments in the industry call for increasing knowledge of other legal areas such as employment law.

SILKS Andrew Spink QC is highly regarded as someone who is "not only strong technically, but is also very hands-on and practical." Especially good when in court, he has an impressive portfolio of cases that includes the likes of Foster Wheeler, IMG and the Pilots' National Pension Fund litigation. Lining up alongside him is Andrew Short QC, a "clear, concise and personable" barrister who is seen as an increasingly strong force in the area. Charm and talent abound in this Young Turk of the pensions silks.

JUNIORS Present on almost all of the leading cases, Nicolas Stallworthy "always has his hat in the ring for the most important litigation." Sources struggle to find an end to his abilities, describing him as "intellectually enormously able, good on his feet and hard-working." Solicitors welcome his confident manner as an advocate, and say that "he gets stuck in on the detail, and always presents in a way that demonstrates his complete understanding of a case." Buoying up the set's reputation as a home to leading juniors, Richard Hitchcock is "an advocate of rare flair and imagination." Universally agreed to be at his best when on his feet, he has "excellent cross-examination techniques and an ability to break cases down to their underlying issues." Clients particularly like him as he is easy to deal with.

Keith Bryant has been particularly busy of late, appearing in matters such as Foster Wheeler. Observers note his effectiveness in court and acknowlege his superior knowledge of pensions law. He has made great strides at the Bar, as has Farhaz Khan, a lawyer commended for his "ability to pick up points quickly" and his great manner with clients. Khan has been involved in some of the leading matters concerning the pensions industry including Foster Wheeler and IMG. Continuing the strong line of juniors at the set, Naomi Ling is praised by commentators for her "good response times and well thought-through advice." She is enjoying a growing practice along with David Grant, who has established a strong name for himself through his involvement in key pensions cases such as MCP v Aon Pension Trustees. Outstanding on those cases with a pensions/employment crossover, he is someone who can run his own cases with complete assurance. James Rickards has a particularly deep understanding of the new regulatory environment. He has impressed those who have come into contact with him due to the fact that he is "strong and resourceful whatever he's faced with." Chamers and Partners 2011

 

Praised for its ‘very innovative and client-focused approach’, Outer Temple Chambers has developed an ‘enviable reputation’ for pensions law and is challenging Wilberforce Chambers’ supremacy in the area. Andrew Spink QC is the set’s leading pensions silk and is ‘definitely someone you want on your side’; ‘he has extensive expertise and is a real pleasure to work with’. Andrew Short QC (who took silk in 2010) is also ‘very knowledgeable’ and an ‘excellent performer on his feet’, currently enjoying increased involvement in high-profile pensions cases. Further increasing the set’s critical mass at silk level, Nicolas Stallworthy QC is very highly regarded by clients, who have described his recent elevation to silk as ‘well deserved’; he is ‘reliable and passionate, and never lets you down’. Long acknowledged as a leading junior, Richard Hitchcock has a fine reputation at the pensions Bar, and ‘knows the practice area inside out’. The ‘approachable and intelligent’ Keith Bryant uses his wider employment practice to inform his pensions work; David Grant is ‘academically on the button’; and Naomi Ling is an ‘excellent junior who gets to the heart of the issue very quickly’. Legal 500 2011

Memberships and involvement

Members of our pensions team regularly lecture on pensions and commercial trust law and are members of the Association of Pensions Lawyers, the Chancery Bar Association, the Commercial Bar Association, the Professional Negligence Bar Association, the Financial Services Lawyers Association and the Association of Regulators & Disciplinary Lawyers.