News & Events

Nicolas Stallworthy KC

Nicolas Stallworthy KC and Richard Hitchcock KC to speak at White Paper Pensions Law Conference

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…

Events, Pensions 30 Sep, 2022

Chambers Global ranks members as leaders in commercial dispute resolution

Chambers & Partners have released their Global Guide and we are proud to announce that three of our members appear as global leaders in Dispute Resolution (Commercial Chancery and Commercial). Chambers Global ranks the top lawyers and law firms in over 200 jurisdictions across the world. The rankings are based on the in-depth research by their dedicated and experienced team of researchers. They provide reliable recommendations, which ensures that clients are able to make an informed decision when instructing barristers and other legal professionals. Dispute Resolution: Commercial Chancery – UK Nicolas Stallworthy QC Nicolas Stallworthy QC has yet again been recognised by Chambers & Partners. This year Nicholas has been ranked in Band 4 and is described as a well-liked…

News 6 Mar, 2020

Outer Temple Chambers wins prestigious STEP Private Client Award

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

Delighted to be finalists for the 2018/19 STEP Private Client Awards

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

Guidance on Hastings-Bass relief given by Guernsey Court of Appeal

The Court of Appeal of Guernsey has handed down judgment overturning the controversial decision of the Royal Court of Guernsey in M v St Anne’s Trustees Limited. Nicolas Stallworthy QC and Saaman Pourghadiri have been advising the Appellant in relation to the case. The judgment can be found here. The Guernsey Court of Appeal’s judgment offers guidance on the application of the so called rule in Hastings-Bass following the Supreme Court’s judgment in Pitt v Holt [2013] 2 AC 108. This includes: a discussion of whether the duty of adequate deliberation can properly be described as a fiduciary duty; finding that there is no requirement for the breach of fiduciary duty to have caused loss to the trust fund or…

News 27 Jun, 2018

Guernsey explores the test for Hastings-Bass type relief

Trusts & Trustees has recently published an article written by Outer Temple’s Jennifer Seaman on Guernsey’s recent controversial decision on the so-called ‘rule in Hastings-Bass’ in M v St Anne’s Trustees Limited. Her article explores the factual background of this case, and makes practical comments on the judgment. To see Jennifer’s arguments and to read the full article, please follow this link. Nicolas Stallworthy QC and Saaman Pourghadiri of Outer Temple Chambers have been advising in relation to the case and the pending appeal.

Legal Blog & Publications 16 Apr, 2018

Appeal successfully defended in Viavi v Shannan & Others

On 28 March 2018, the Court of Appeal handed down its judgment in Viavi v Shannan & Others, Re: the Wandel & Goltermann Retirement Benefits Scheme (“the Scheme”) [2018] EWCA Civ 681. The case concerned the validity of the substitution of a new principal employer for the Scheme in 1999/2000 and consequent questions as to whether subsequent deeds were validly executed by the correct employer company. The Court of Appeal dismissed the appeal from the order of Mr Timothy Fancourt QC (as he then was) in [2016] EWHC 1530 (Ch); [2016] Pens. L.R. 193, finding in favour of Mr Froude, the representative beneficiary. Nicolas Stallworthy QC & Simon Oakes of Outer Temple Chambers acted for Mr Froude, successfully defending the…

News 9 Apr, 2018

Landmark judgment handed down in IBM v Dalgeish

Landmark judgment handed down in IBM v Dalgeish – Court of Appeal allows IBM’s appeal against breach of duty of good faith ruling. Andrew Spink QC and Nicolas Stallworthy QC both act for respondents in the Court of Appeal. The litigation involved two occupational pension schemes established in the UK for IBM’s employees. The Court of Appeal has now allowed IBM’s appeal against Warren J’s “breach judgment” dated 4 April 2014, and dismissed the Representative Beneficiaries cross-appeal against one aspect of that judgment in which Warren J had found in favour of IBM. The judgment is available to read here.

News 4 Aug, 2017

Nicolas Stallworthy QC & Simon Oakes succeed in pensions scheme case

On 27 June 2016, the High Court handed down an interesting (albeit unsurprising) decision on the substitution of principal employers and the validity of pension scheme deeds in Shannan & Ors v Viavi Solutions UK Limited & Ors, Re: the Wandel & Goltermann Retirement Benefits Scheme [2016] EWHC 1530 (Ch). The judgment is available to read here. Of central importance was the identity of the Scheme’s principal employer at various points in the Scheme’s history, all the way back to 1994. The wide-ranging judgment of Timothy Fancourt QC, sitting as a Deputy Judge of the High Court, examines issues including: the formalities required for the exercise of powers in particular a power to substitute the principal employer: Betafence Ltd v…

News 4 Jul, 2016

Nicolas Stallworthy QC & Farhaz Khan leading barristers in Chambers Global 2016

Nicolas Stallworthy QC and (for the first time) Farhaz Khan have been recognised as leading barristers for Dispute Resolution (Commercial Chancery) in Chambers Global 2016, which was published this month. Nicolas has been recognised by the directory for a number of years. Nicolas is “Frequently praised for the high standard of his pension practice, he also maintains an effective broad commercial caseload. He handles a range of matters including commercial trust, insolvency and professional negligence disputes.” Farhaz is said to: “Attracts a great deal of praise relating to his handling of complex banking and finance work. He is also involved in pensions matters.” Chambers Global covers over 190 countries across the world and also includes Region-wide and Global-wide sections. Each…

News 21 Mar, 2016

Remedy issues determined in IBM “Project Waltz” proceedings

Following on from the liability judgment in the IBM Project Waltz proceedings which was handed down on 4th April 2014, a further lengthy and important judgment has been handed down that deals with the remedies available to members of the scheme. Outer Temple barristers Andrew Spink QC, Andrew Short QC and Saul Margo appeared for the Trustee whilst Nicolas Stallworthy QC and Lydia Seymour, also of Outer Temple, appeared on behalf of the Representative Beneficiaries. In the judgment, Warren J dealt in turn with each of the elements of Project Waltz that breached the “Imperial” duty of good faith and the contractual duty of trust and confidence. Warren J found in favour of the members on the vast majority of…

News 23 Feb, 2015

Upper Tribunal publishes decision on disclosure and privilege in pensions reference proceedings

The Upper Tribunal (tax and chancery chamber) has published an important decision on disclosure and privilege in Contribution Notice reference proceedings before the Upper Tribunal. The decision will be of interest to pensions and financial services practitioners. Richard Hitchcock QC, Farhaz Khan and Saaman Pourghadiri act for the trustee. Nicolas Stallworthy QC acts for two of the targets.

News 20 Nov, 2014

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