News & Events
News & Events
We are delighted to announce that Andrew Short KC has been shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023. The Lawyer Awards have been the ultimate stage for legal mastery in the UK, honouring top-notch lawyers and powerhouse firms across diverse areas. Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He has acted in many of the leading employment cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City Council, Brierley v Asda, McCloud v Lord Chancellor, and Sargeant v LFEPA. His recent notable pensions cases have included the landmark case of Lloyds Banking Group Pension Trustees Ltd v Lloyds Bank [2030] EWHC 3135 (Ch), Britvic PLC v Britvic Pensions Ltd & Mohun [2021] EWCA Civ 867 and…
News, Employment, Pensions 5 May, 2023
Join Outer Temple Chambers at the Marriott Delta Hotel, Bristol for an afternoon of pensions law talks at the first stop of this conference series around the country. You are invited to join Outer Temple Chambers in Bristol for the first stop of our Pensions Law Conference 2023 series. Topics will include: an actuary’s role in Section 67 certification, age discrimination and the EU Withdrawal Act 2018, the presumption of regularity, and notable non-pensions cases for pensions lawyers. The event will be rounded off with a panel discussion comprised of Outer Temple’s silks. Agenda 1.30pm – Registration (tea and coffee on arrival)2pm – Consultation with the scheme actuary and Section 67 Certification. Wherehas Mitchells & Butler left Us?Lydia Seymour &…
The Lawyer has revealed its ‘Top 10 Appeals of 2023’ and we are delighted that four Outer Temple members have been included for their involvement in McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. There are plenty of lawsuits heading to the Court of Appeal and Supreme Court this year and The Lawyer has picked its Top 10 to watch. Barclays Bank, Central Bank of Venezuela, Deliveroo, Arron Banks and United Utilities Water are just some notable examples, alongside the long running and hard fought battle between McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. This rematch between two university academics and the directors of the UK’s largest private pension scheme heads to the Court of…
Outer Temple’s Nicolas Stallworthy KC and Richard Hitchcock KC will be speaking at White Paper’s upcoming Pensions Law Conference named ‘Pensions Law: Shaping New Developments into Solution-Focused Answers for your Clients’. This is being held on Tuesday 4th October 2022. White Paper are an organisation who provide advanced-level legal and business conferences. They are soon holding a conference entitled ‘Pensions Law: Shaping New Developments into Solution-Focused Answers for your Clients’ that aims to provide answers to the biggest legal matters facing the pensions industry. Nicolas Stallworthy KC is due to be answering the question ‘What are the practical and legal implications of the new notifiable events triggers and “declarations of intent”, and which corporate activities will likely be caught?’ Richard…
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…
