News & Events

Pensions

Join us to hear from our leading pensions law barristers on Thursday 16th of May 2024 for an afternoon of talks at the second stop of this conference series around the country.

Event: Join Outer Temple Chambers at the Edwardian Manchester for the second stop of our Pensions Law Conference Series

Join us to hear from our leading pensions law barristers on Thursday 16th of May 2024 for an afternoon of talks at the second stop of this conference series around the country. You are invited to join the Outer Temple’s pensions team for an afternoon of talks, covering all things pensions law on Thursday 16th May 2024. Topics will include: the Avon judgment, section 57 of the Trustee Act 1925, defending contribution notices, and notable non-pensions cases for pensions lawyers. The event will be rounded off with a panel discussion comprised of Outer Temple’s silks, followed by early evening networking drinks. Agenda 1.30pm – Registration 1.50pm – 2.00pm – Welcome & Introduction 2:00pm – 2:30pm – Severing the bad from…

Events, News 24 Apr, 2024

Naomi Ling published in Pensions Barrister

Naomi Ling published in Pensions Barrister

Naomi Ling authored an article in the Pensions Barrister titled ‘Avon Cosmetics: a critical analysis’. Naomi Ling has written an article published in the ‘In Focus’ section of the Pensions Barrister website titled ‘Avon Cosmetics: a critical analysis’ where she has provided a critical analysis of the recent Avon Cosmetics decision. Naomi Ling acted with Keith Bryant KC of Outer Temple Chambers for the Representative Beneficiary in the Avon Cosmetics case. “When an amendment is made in breach of a fetter on the power of amendment, what is the position in relation to the amendments that were validly made, but which might not have been made had the trustees/employer known that part of the amendment was invalid?” To read Naomi’s…

External Publications 21 Mar, 2024

Event: Join Outer Temple Chambers at the Bristol Harbourside Hotel for the first stop of our Pensions Law Conference Series

Join us to hear from our leading pensions law barristers on Thursday 18th of April 2024 for an afternoon of talks on pensions law at the first stop of this conference series around the country. You are invited to join the Outer Temple’s pensions team for an afternoon of talks, covering all things pensions law. Topics will include: the Avon judgment, an update on Pensions Ombudsman cases, defending contribution notices 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, coffee & pastries on arrival) 1.50pm – 2.00pm – Welcome & Introduction 2:00pm – 2:30pm – Severing the bad from the good: a…

Events, News 14 Mar, 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.

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

Richard Hitchcock KC and Lydia Seymour instructed in Avon Cosmetics Ltd v Dalriada Trustees Ltd & Ors

Richard Hitchcock KC and Lydia Seymour instructed in Avon Cosmetics Ltd v Dalriada Trustees Ltd & Ors

Richard Hitchcock KC and Lydia Seymour acted for the successful Claimant in Avon Cosmetics Ltd v Dalriada Trustees & Ors, an important Chancery Division authority on the consequences of powers in pension scheme trust deeds being exercised partly outside their scope. The case concerned an amendment to remove members’ entitlement to a final salary link to their accrued benefits, where the amendment power contained a Re Courage – type restriction, but where ultimately some members had done better and some worse by reason of the amendment. The Court concluded that the members who had benefitted by the amendment would retain their more valuable benefits even if the amendment was invalid in relation to those who had lost out. The Judgment,…

News 19 Jan, 2024

High Court hands down judgment in landmark case in which Andrew Spink KC and Saul Margo appear

High Court hands down judgment in landmark case concerning amendment powers

The High Court has handed down its judgment in British Broadcasting Association v (1) BBC Pension Trust Limited (2) Christina Burns in which Andrew Spink KC and Saul Margo, instructed by Helena Berman at Stephenson Harwood acted on behalf of the successful Representative Beneficiary. This landmark decision is now only the second case (after Lloyds Bank Pension Trust Corporation v Lloyds Bank plc [1996] PLR 263) in which a domestic court has found that a fetter on a pension scheme’s amendment power protects future service benefits. The case was brought because the BBC wished to limit the ongoing costs of funding the BBC Pension Scheme and needed to understand the scope of the fetter on the Scheme’s amendment power. The…

News 28 Jul, 2023

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

Event: APL Caselaw Forum, Pensions Ombudsman Update

Event: APL Caselaw Forum, Pensions Ombudsman Update

Join the Association of Pension Lawyers at Outer Temple Chambers, with Victoria Brown and Patrick Tomison for a talk on Pensions Ombudsman Update. You are invited to join APL, Victoria Brown and Patrick Tomison of Outer Temple Chambers on Tuesday, 11th July 2023. This talk will reflect a summary of recent decisions of the Pensions Ombudsman and provide analysis which will be of relevance to disputes and non-disputes pensions practitioners. Agenda Venue: Outer Temple Chambers, 222 Strand, London, WC2R 1BADate: Tuesday, 11th July 20235:45pm – Registration6:00pm – Pensions Ombudsman Update7:00pm – Drinks and pizza Book your place This will be a hybrid event. To book your place in-person (£20 registration fee) or to join virtually (free), please email George Bennett on mailto:georgebennett@outertemple.com.…

Events 4 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

Bianca Venkata has written an article for Lexis® PSL on NHS Pension Schemes – proposed amendments to regulations.

Bianca Venkata has recently been published in Lexis Nexis® PSL. Her article provides a short overview of the proposed amendments of Department of Health and Social Care (DHSC) to the National Health Service Pension Scheme Regulations 1995 (1995 Regs). On the 5th December 2022, DHSC launched a consultation regarding proposed amendments to the 1995 regulations. The background to the consultation was a desire to make it more attractive for NHS employees to work for longer and thereby reduce NHS waiting times and retain the skills and knowledge of experienced NHS employees. The key reform proposals include allowing pensionable re-employment for retired members of the 1995 Scheme, allowing partial retirement for members who wish to continue working while reducing their hours and drawing…

External Publications 22 May, 2023

Andrew Short KC shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023

We are delighted to announce that Andrew Short KC has been shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023. The Lawyer Awards have been the ultimate stage for legal mastery in the UK, honouring top-notch lawyers and powerhouse firms across diverse areas.​ Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He has acted in many of the leading employment cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City Council, Brierley v Asda, McCloud v Lord Chancellor, and Sargeant v LFEPA. His recent notable pensions cases have included the landmark case of Lloyds Banking Group Pension Trustees Ltd v Lloyds Bank [2030] EWHC 3135 (Ch), Britvic PLC v Britvic Pensions Ltd & Mohun [2021] EWCA Civ 867  and…

News 5 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

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