News & Events
News & Events
David E Grant, Outer Temple Chambers, comments on practical implications for financial advisors and practitioners in light of Alistair Rae Burns vs FCA. Background Mr Burns, the owner of Rae Burns, a financial adviser company, advised clients on transferring occupational or personal pension benefits into a self-invested pension scheme. The FCA fined and prohibited him from performing senior management functions after failing to comply with its requirements. Mr Burns then referred the FCA’s decision to the Upper Tribunal. The Upper Tribunal dismissed the reference but lowered the financial penalty to almost a quarter its quantum. Mr Burns was found personally liable in that he failed to take reasonable steps to ensure that his business complied with the FCA’s relevant requirements.…
Legal Blogs 19 Sep, 2018
Outer Temple Chambers is proud to have been shortlisted in the category of ‘Chambers of the Year’ at the 2018/19 STEP Private Client Awards. A winner will be nominated for each category and all winners will be announced at the awards ceremony on the 7th November 2018. We congratulate our barristers in the Private Client team for this great achievement and wish them the best of luck.
News 6 Aug, 2018
We are delighted to announce that David E Grant has been approved as full member of STEP by their Membership Committee. This further strengthens the Outer Temple Private Client team and our presence within STEP – joining Outer Temple Members David Russell QC – current Deputy Chair of STEP Worldwide, Claire van Overdijk – listed by the 12th STEP Private Client Awards 2017/18 as a Panel Expert, and Jennifer Seaman. STEP is the global professional association for practitioners who specialise in family inheritance and succession planning. The primary purpose of the organisation is to improve public understanding of the issues families face in relation to inheritance and succession planning and promote education and high professional standards among members. David’s appointment…
News 15 May, 2018
David E. Grant and Olinga Tahzib appeared for the successful appellant in a High Court appeal from a determination of the Pension Protection Fund Ombudsman. The appeal concerned a narrow but important point of law regarding the construction of Paragraph 26 of Schedule 7 to the Pensions Act 2004 (“PA04”) and, in particular, “attributable to his pensionable service”. The facts The appellant, Mr Anthony Beaton, was an employee of CT Bowring & Co in the early 1970s and became a member of the Bowring Pension Scheme. On leaving his employment in 1994, he stopped accruing benefits under the Scheme and joined Fenchurch Group plc, and began pensionable service in the Fenchurch Group Pension Scheme. Four years later, the assets and…
News 18 Oct, 2017
On 9th December 2013 David Grant spoke at the Annual Winter Trade Finance Conference hosted by the International Chamber of Commerce. David was speaking on recent cases on trade finance including Bulgrains & Co Ltd v Shinhan Bank in which he appeared.
News 10 Dec, 2013
Pell Frischmann v Others HC12E02792 2013 EWHC 2203 (CH) Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman (“PO”) rather than the Court. The reason for such a choice is a simple one; issuing Court proceedings exposes a member to the risk of having to pay the costs of the trustees and/or employer. Complaining to the PO does not. However, the applicable statutory regime prevents the PO from investigating when Court proceedings have already been commenced. In general terms the reverse is also true i.e. the Court will not entertain proceedings if a dispute has already been referred to the PO. When the member’s preference for the PO is…
News 7 Aug, 2013
Three members of Outer Temple Chambers’ pensions team appeared before Sales J in the Chancery Division on 30 January 2013. MAN Truck and Bus UK Ltd applied successfully for summary judgment in its claim for rectification of the Rules of the MAN UK Pension Scheme. MAN is the latest in a series of successful claims for rectification of pension scheme documentation including IAC (involving, Richard Hitchcock, James Rickards, Keith Bryant and David Grant) and IBM (involving Andrew Spink QC and Nicolas Stallworthy QC). As well as confirming the appropriate legal test to be applied on an application for rectification of a pension scheme, the MAN case is notable in that it succeeded notwithstanding the delay of 13 years between discovery of…
News 31 Jan, 2013
Three members of Outer Temple are instructed in The Lawyers top 20 cases of 2013. Farhaz Khan is instructed in Graisley Properties & Ors v Barclays Bank, David Grant in Cohen & Stephen (Liquidators of Rangers FC) & Ors v Collyer Bristow and Nicholas Medcroft in AADB v Deloitte.
News 8 Jan, 2013
David Grant was interviewed on the George Entwistle’s pay-off by the BBC and Lord Patten’s comments on necessary costs by Sky News chief news editor Adam Bolton, on Thursday 20 Dec 2012.
News 20 Dec, 2012
On Thursday 8 November 2012, Mr Justice Briggs gave judgment in the case of Misys Ltd v Misys Retirement Benefit Trustees Ltd. The Principal Employer applied for rectification of certain provisions relating to the revaluation of pensions in payment that had been erroneously recorded in the Scheme following a merger in 1997. Given the weight of the evidence the Principal Employer applied for summary judgment that was eventually not opposed by the representative beneficiary (although unusually defences were filed). The Court considered the recent cases regarding the law of rectification in IBM Holdings [2012] EWHC 2766 (Ch) and Industrial Acoustics and Crowhurst [2012] EWHC 1614 (Ch) (in the latter of which both David and James appeared). Having considered the evidence…
News 12 Nov, 2012
Richard Hitchcock, James Rickards, David Grant and Keith Bryant all appeared before Vos J in Industrial Acoustics Company Ltd v Crowhurst & Ors, the latest in a growing line of summary judgment applications for rectification of pension deeds and rules all featuring members of Outer Temple Chambers.
News 17 May, 2012
David Grant is representing one of the parties laying claim to monies in the client account of Collyer Bristow the subject of proceedings brought by the Administrators of Rangers FC. At a hearing in the High Court on 8th March 2012 the matter has been expedited for trial commencing late March 2012.
News 8 Mar, 2012
