News & Events
News & Events
Andrew Short QC, David E. Grant QC, Helen Pugh and Gus Baker, of Outer Temple’s Pensions and Commercial team, have been instructed in a landmark multiple derivative and ESG case. In this case two members of one of the largest pension schemes in the UK made a novel attempt to obtain the court’s permission to bring a derivative claim against the directors of the corporate trustee of the pension scheme. In a detailed judgment dismissing the application, Mr Justice Leech provides welcome clarification on the test to be applied to multiple derivative actions. Such actions continue to be governed by the Foss v Harbottle common law test in contrast to single derivative actions which are now governed by the Companies Act 2006. Further, in one…
Commercial, News, Pensions 25 May, 2022
Lydia Seymour has been asked to write an Opinion for the LGPS Scheme Advisory Board on the issue of whether local authorities need to offer a sharia-compliant alternative to the Local Government Pension Scheme. A number of LGPS member authorities had observed that some employees were opting out of the LGPS on the basis of their religious belief, particularly people of the Muslim faith who were concerned that LGPS funds/investments were not Sharia-compliant. At present there is no alternative pension provision from these employers other than the LGPS. The board therefore commissioned a report and asked Lydia to advise on the risk of a successful claim for discrimination or human rights challenge from an employee complaining of a failure by…
Lydia Seymour recently acted for the successful Respondent in CRAFT v Pope & Others [2022] EWCA Civ 22, which considered the extent to which a company could subsequently challenge the decisions of sole Directors and Members to award themselves company property. CRAFT brought claims for breach of directors’ duties and breach of fiduciary duty against its former directors/members who had awarded themselves company property in circumstances in which the company’s constitution prevented distribution of its assets. The Defendants had asserted that they could not be in breach of any duty to the company because the interests of the company should be equated to the interests of the sole members/directors, and further that the company could not bring any claim in…
Commercial, News, Pensions 9 Feb, 2022
The recording for our pensions webinar on rectification is now available to watch. Watch Keith Bryant QC and Michael Uberoi consider what evidence needs to be put before the court and how to avoid some of the pitfalls. Keith Bryant QC and Michael Uberoi cover: What evidence needs to be put before the court when the alleged mistake is not referred to in the documents?How does a Claimant go about establishing the necessary mutual intention in such cases?When is a mistake a mistake as to legal effect, and when is it a mistake as to consequences? – how to approach this distinction in pension rectification cases.The use of confidential opinions – how the courts presently view them.How to establish the necessary…
Pensions Webinars, Webinars & Vlogs, Pensions 6 Aug, 2021
Saul Margo of Outer Temple Chambers was delighted to host a talk on the Pension Schemes Act 2021 with David Fairs, Executive Director of Policy, Analysis and Advice at The Pensions Regulator. This live virtual talk, hosted by Saul Margo, saw David Fairs cover topics such as the new criminal offences contained in section 107 of the Act, including the concept of “reasonable excuse”, as well as the impact that the pandemic has had and will continue to have on the exercise of TPR’s enforcement powers. After a brief introduction to the Act from David, Saul posed a number of questions by guests in attendance. This Q&A session proved very popular and many questions were answered during the event, providing…
Pensions Webinars, News, Webinars & Vlogs, Pensions 14 Apr, 2021
Jennifer Seaman and Nicholas Hill recently provided a talk on the new Practice Direction 57AC and its Appendix, highlighting key features and discussing practical ways to ensure compliance with the Practice Direction and avoiding sanctions. The new Practice Direction 57AC comes into force on 6 April 2021. It concerns witness statements for use at trials in the Business and Property Courts signed on or after 6 April 2021. It will involve a fundamental re-think to how such witness statements are produced. Jennifer and Nick presented a virtual talk recently, aimed at helping commercial and private client practitioners get to grips with the new rules. Watch the webinar; Practice Direction 57AC; Witness Statements About the speakers Jennifer Seaman is a leading…
Pensions Webinars, News, Webinars & Vlogs, Pensions 25 Mar, 2021
You are invited to join Outer Temple Chambers and the Pensions Regulator for a talk on Tuesday March 30 2021 at 10:00 AM on the Pension Schemes Act 2021. Outer Temple Chambers is delighted to host a talk on the Pension Schemes Act 2021 with David Fairs, Executive Director of Policy, Analysis and Advice at The Pensions Regulator. The talk will be hosted by Saul Margo of Outer Temple Chambers and David will cover topics such as the new criminal offences contained in section 107 of the Act, including the concept of “reasonable excuse”, as well as the impact that the pandemic has had and will continue to have on the exercise of TPR’s enforcement powers. You are invited to submit…
Andrew Short QC and Nicholas Hill acted for the Representative Defendant in this long-awaited and much anticipated case confirming the scope of the obligation to equalise for the effect of unequal GMPs following transfers out. In 2018 the first Lloyds Judgment [2018] EWHC 2839 (Ch) confirmed, over 20 years after the obligation arose, that pension schemes had to equalise benefits for the effect of unequal GMPs. The 2018 Judgment did not address the position of trustees of pension schemes where a member had transferred out and the trustees had made a transfer payment. In circumstances where the payment made failed to reflect the value of the member’s equalised benefits the unanswered question was whether the trustees remained under an obligation…
Judgment was recently handed down by the High Court in Univar v Smith & Ors. Michael Uberoi’s article looking at some of the key issues in the judgment has been published in Practical Law (Pensions). Univar v Smith & Ors [2020] EWHC 1596 (Ch) was the first contested application for the rectification of pension scheme documentation for over eight years, and was also the first judgment by the High Court to apply the Court of Appeal’s new, subjective test for rectification, as declared by Leggatt LJ in FSHC Group Holdings Ltd v GLAS [2019] EWCA Civ 1361. The 15 day trial involved cross-examination of over a dozen trustee and company witnesses who were the relevant decision-makers for the scrutinised Deed,…
Legal Blog & Publications, News, Pensions, Pensions 11 Sep, 2020
Chloë Bell has successfully provided pro bono representation before the Financial Ombudsman through Advocate, the Bar’s national charity for free legal assistance from volunteer barristers. Chloë Bell has provided pro bono representation to an individual who suffered a shortfall in a pension transfer quotation due to negligent advice and services provided by his financial advisors. The individual’s advisors sent incorrect documentation to the entity responsible for providing the quotation. When the correct documentation was eventually provided the original quotation had expired and the individual’s guaranteed minimum value quotation was lower. Representation was provided (through Advocate) before the Financial Ombudsman. Chloë provided submissions on the contractual and tortious duties owed by the financial advisors, the breach of those duties and the…
On 13 July 2020 the Court of Appeal handed down its second judgment in Safeway Ltd v Newton (previously [2017] EWCA Civ 1482]) concerning the date on which the Normal Pension Ages applicable under the Safeway Pension Scheme were equalised at 65. Safeway Limited v 1) Andrew Newton 2) SPTL [2020] EWCA Civ 869: equalisation pursuant to section 62 Pensions Act 1995 The Court of Appeal held that section 62 Pensions Act 1995 went further than Article 119 of the Treaty of Rome and was an effective measure to close the Barber window. The Background On 1 December 1991 it was announced to Scheme members that Normal Pension Ages (NPAs) would henceforth be 65 years for men and women. On…
Commercial, News, Pensions 13 Jul, 2020
As part of a team of counsel, Naomi Ling has successful defended Department for Transport against a challenge to their process of awarding rail franchises. Naomi Ling acted as specialist pensions counsel as part of an 11 strong counsel team defending the Department for Transport against a challenge to the 2019 rail franchising process. Arriva, Stagecoach and Virgin Trains (the latter acting as part of a consortium) were disqualified from the competitions from the East Midlands and South Eastern and West Coast Partnership rail franchises because they had failed to submit bids that were compliant with the pensions requirements. They challenged this decision, claiming that the Secretary of State had acted unlawfully in requiring them to assume uncertain future pensions…
