News & Events
News & Events
Nicolas Stallworthy KC and Philip Stear presented a talk on ‘Section 57 of the Trustee Act 1925; A novel jurisdiction for schemes with restricted amendment powers’ at Outer Temple’s Pensions Law Conference Series in Manchester. The video and slides are now available. Earlier in the year, Outer Temple Chambers hosted an afternoon of talks at our Pensions Law Conference Series at the second stop in Manchester. Our leading pensions barristers discussed all things pensions law. This was a hybrid event and the recordings are now available online. Nicolas Stallworthy KC and Philip Stear presented a talk on ‘Section 57 of the Trustee Act 1925; A novel jurisdiction for schemes with restricted amendment powers’. The full slide deck from this presentation can be…
Webinars & Recordings 22 Aug, 2024
The Court of Appeal have today handed down the much-anticipated judgment in the matter of Virgin Media v NTL Pension Trustees II and others. The case concerned one of the biggest, industry-wide questions concerning the pensions industry over the last decade; namely whether section 37 of the Pension Schemes Act 1993, in conjunction with Regulation 42 of the Contracting-Out Regulations 1996, invalidated amendments made without an actuary’s confirmation in writing. The case was identified as one of the ‘Top 10 Appeals of 2024’ by The Lawyer. Nicolas Stallworthy KC and Philip Stear appeared for the appellant, Virgin Media, instructed by Gowling WLG LLP whilst Andrew Short KC and Patrick Tomison appeared for the Representative Beneficiary respondent, John Jardine and were instructed by Squire Patton Boggs. Find…
News 25 Jul, 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. 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 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
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
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 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
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
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
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
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
