News & Events

Philip Stear

We are delighted to share that four of our pensions law specialists, Nicolas Stallworthy KC, Andrew Short KC, Philip Stear, and Patrick Tomison, feature in The Lawyer's Top 10 Appeals of 2024.

Outer Temple Chambers features in The Lawyers Top 10 Appeals of 2024

We are delighted to share that four of our pensions law specialists, Nicolas Stallworthy KC, Andrew Short KC, Philip Stear, and Patrick Tomison, feature in The Lawyer’s Top 10 Appeals of 2024. At the beginning of each year, The Lawyer releases the ‘Top 10 Appeals of 2024’ highlighting the most influential and intriguing, high-profile cases that are set to return to the courtroom over the next 12 months. The cases listed reflect some of the key issues facing the legal industry and world today. Four of our members are instructed on the case of Virgin Media v NTL Pension Trustees II and others, which has been highlighted by The Lawyer as one of the ‘Top 10 Appeals of 2024’. Nicolas…

News 12 Feb, 2024

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time.

Milestone Court of Appeal judgment published in McGaughey & Davies v USSL

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time. In a significant judgment (found here) handed down on Friday 21 July 2023 Asplin LJ, with whom the Rt Hon. Sir Julian Flaux, Chancellor of the High Court, and Snowden LJ agreed, dismissed the appeal on all grounds. Two members of a pension scheme had sought permission to bring a claim against the current and former directors of one of the UK’s largest pension schemes by assets in the form…

News 25 Jul, 2023

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in Court of Appeal for (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in pensions and company Court of Appeal case; McGaughey & Anor -v- USS Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh were in Court of Appeal this week for the long running pensions and company law dispute (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. David E Grant and Philip Stear acted on behalf of the Appellants, instructed by Leigh Day, in the Court of Appeal in (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. Andrew Short KC and Helen Pugh acted on behalf of the Respondent, instructed by CMS Cameron McKenna Nabarro Olswang LLP. The claim brought by members of a pension scheme is as a common law derivative action. This ground-breaking case has raised novel issues with…

News 15 Jun, 2023

Event: Pensions Law Conference, Manchester. Thursday 8th June 2023

Event: Pensions Law Conference, Manchester. Thursday 8th June 2023

Join Outer Temple Chambers at the Edwardian Radisson Hotel, Manchester for an afternoon of pensions law talks at the next stop of this conference series around the country. You are invited to join Outer Temple Chambers in Manchester for the next 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. Where has Mitchells & Butler left Us?2.30pm –…

Events 18 May, 2023

Event: Pensions Law Conference, Bristol. Thursday 18th 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 &…

Events 4 Apr, 2023

Philip Stear appears live in the Court of Appeal on Thursday 1st December

Philip Stear will be live-streamed on the Court of Appeal YouTube channel on Thursday 1st December when he represents his appellant (defendant) clients in Jennison v Jennison & anr. The appeal relates to an important point in the Conflict of Laws as it relates to the administration of estates, namely whether the executor of a person who died domiciled abroad but owning property in England & Wales can commence proceedings on behalf of the estate before obtaining an English probate (or the resealing of the overseas grant).  By Appellants Notice filed on 25 April 2022, the First and Second Defendants are appealing the three findings at paragraph 65 of the judgment of, and paragraph 1 of the order of HHJ…

News 30 Nov, 2022

150 rankings for Outer Temple Barristers by Legal 500 UK 2023

The Legal 500 UK 2023 Rankings have been announced and Outer Temple Chambers is delighted with the results. With over 60 barristers now holding rankings across 27 practice areas and some glowing feedback, we are honoured to have been described as a “go-to set” once again. We are particularly delighted that the hard work of our juniors has been noticed and would like to congratulate Bianca Venkata and Victoria Brown for their elevation from Rising Stars to a Tiered ranking. As they now start working their way up the ranks we welcome four new juniors into the Rising Stars category; Alex Cisneros, Carin Hunt, Imogen Egan and Olinga Tahzib. Congratulations also to Alex Haines, Clare Baker, David Haines, Joshua Hitchens…

News 29 Sep, 2022

Britvic plc v Britvic Pensions Limited & Simon Mohun

Having acted as counsel in Britvic plc v Britvic Pensions Limited & Simon Mohun [2021] EWHC Civ 867, Philip Stear has written a case summary explaining why the Court of Appeal overturned the previous decision and why a scheme employer could direct increases lower than RPI on the true construction of the scheme’s pension increase rules. In a ruling handed down on 10 June 2021 ([2021] EWCA Civ 867), the Court of Appeal has overturned the High Court decision in Britivc plc v Britvic Pensions Limited & Simon Mohun [2020] EWHC 118 (Ch).  There, His Honour Judge Hodge QC had held that the words “or any other rate”, in a pension increase rule, were to be construed as meaning “any higher rate”, as a…

News 15 Jun, 2021

Watch the Webinar: Indexation and the courts’ recent wrestles with RPI

Outer Temple Chambers collaborated with Richard Gibson of Barnett Waddingham LLP to look at the current and future actuarial and legal landscape of inflation. Watch the recorded webinar here. What is the outlook for inflation as a result of the COVID-19 pandemic, lockdown and the various government support schemes for businesses? Will there be renewed pressure on schemes to explore options to switch out of RPI-based escalation? A run of cases in the High Court, Court of Appeal and Supreme Court since 2012 have confirmed that in principle scheme powers may be available to switch from RPI to CPI, following the lead taken by the State schemes (and the statutory minima for revaluation and LPI increases) in 2010. But these…

Webinars & Recordings 28 Jul, 2020

Webinar Invite: Indexation: The courts’ recent wrestles with RPI

Outer Temple invites you to a multi-disciplinary webinar on the courts’ recent wrestles with RPI, with Lydia Seymour, David Grant, Philip Stear, Nicholas Hill and Richard Gibson. What is the outlook for inflation as a result of the COVID-19 pandemic, lockdown and the various government support schemes for businesses? Will there be renewed pressure on schemes to explore options to switch out of RPI-based escalation? A run of cases in the High Court, Court of Appeal and Supreme Court since 2012 have confirmed that in principle scheme powers may be available to switch from RPI to CPI, following the lead taken by the State schemes (and the statutory minima for revaluation and LPI increases) in 2010. But these decisions have also suggested…

Events 8 Jul, 2020

Outer Temple Chambers join a panel of experts for the DIFC Employee Workplace Savings Scheme Seminar

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

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