News & Events
News & Events
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
You are invited to join the Outer Temple Chambers’s pensions team for a webinar on rectification, looking at what evidence you need and some of the pitfalls to be avoided. The speakers at this event, Keith Bryant QC and Michael Uberoi, will 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 subjective intention of the…
Michael Uberoi explores where we are with contractual rectification in light of FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361. It has now been a little over a year since Leggatt LJ (as he then was) gave the Court of Appeal’s judgment in FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361, which altered the test for common intention when one party seeks to rectify a contract as a result of what it alleges was a mistake which was common to both parties. The (high level) test for rectification means any party must demonstrate (i) that the parties had a common intention, which (ii) by mistake was not recorded in the…
Commercial, Legal Blog & Publications 23 Oct, 2020
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
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
The DIFC has issued its proposals for replacing the existing end of service gratuity regime with a mandatory workplace savings schemes into which employers must (and employees may) contribute. Following the announcement by the DIFC Authority to introduce the DIFC Employee Workplace Savings Scheme (DEWS) on Wednesday 1 January 2020, Jersey Finance in association with the Outer Temple Chambers and Stephenson Harwood will hold a two-hour seminar during which the new proposed structure, the DEWS draft legislation, employers’ options in terms of providers, and some practical recommendations for DIFC businesses will be discussed. On Monday 18th November, members of Outer Temple Chambers (drafters of the legislation) alongside a panel of experts from the DIFC Authority and Stephenson Harwood law will…
News 14 Nov, 2019
Today, Advocate General Tanchev handed down his Opinion at the Court of Justice of the European Union, Luxembourg, in Case C-171/18 Safeway Ltd v (1) Andrew Richard Newton and (2) Safeway Pension Trustees Ltd (a preliminary reference from the Court of Appeal). The case concerns the methods by which men and women’s pension ages can be equalised under a pension scheme. The scheme contained a power of amendment that permitted retrospective adverse amendments to rights. The material events occurred prior to the coming into force of section 67 of the Pensions Act 1995. The reference asks whether EU law permits equalisation to be achieved during the Barber window by retrospectively reducing the rights of the advantaged class where those rights were…
News 27 Mar, 2019
Outer Temple Chambers has won the Chambers of the Year category at the STEP Private Client Awards, which took place last night in London. Held by STEP, the worldwide professional association for those advising families across generations, the Awards are highly regarded as a celebration of excellence across the private client world. All entries go through a rigorous, practitioner-led judging process to select the best in the industry. The Chambers of the Year category had a strong set of finalists, with Outer Temple Chambers beating New Square Chambers, Old Square Tax Chambers, St John’s Chambers, and Wilberforce Chambers to the prize. The Judges said: ‘This modern, progressive chambers delivers a fresh and innovative approach to staff and clients. In particular…
News 8 Nov, 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
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