News & Events
News & Events
David E Grant, Outer Temple Chambers, comments on practical implications for financial advisors and practitioners in light of Alistair Rae Burns vs FCA. Background Mr Burns, the owner of Rae Burns, a financial adviser company, advised clients on transferring occupational or personal pension benefits into a self-invested pension scheme. The FCA fined and prohibited him from performing senior management functions after failing to comply with its requirements. Mr Burns then referred the FCA’s decision to the Upper Tribunal. The Upper Tribunal dismissed the reference but lowered the financial penalty to almost a quarter its quantum. Mr Burns was found personally liable in that he failed to take reasonable steps to ensure that his business complied with the FCA’s relevant requirements.…
Legal Blogs 19 Sep, 2018
A new update to Tolley’s Pensions Law chapter on Dispute Resolution and Pension Scheme Litigation is now available both online, on Lexis Library, and in hard copy. Jennifer Seaman has provided an extensive update to this chapter, covering matters such as the role of the courts in pension scheme litigation, the role of the Pensions Regulator and that of The Pensions Ombudsman. Jennifer is an established junior in the field of Pensions and Trusts and has been involved in a number of important cases in these fields. She is the author of numerous articles on trusts and pension litigation, and is recommended as a Leading Junior in the field of Pensions in Chambers & Partners and in The Legal 500. Tolley’s…
External Publications 31 Jul, 2018
Tim Green appeared on behalf of The Pensions Regulator at Derby Magistrates’ Court on Thursday 7 June in a prosecution arising out of the misuse of the automatic enrolment scheme for workplace pensions by a national employer. Eight defendants, including two company directors and the company itself, all pleaded guilty. The case was committed to the Derby Crown Court for sentence later this summer. For more information about this case click here.
News 11 Jun, 2018
Outer Temple Chambers are delighted to announce that pensions partner and expert, Philip Stear has accepted an offer to join Chambers in the autumn of 2018. Philip has specialised in pensions law at Travers Smith for over 20 years, becoming a partner there in 2005. Philip will join Outer Temple as a full member of Chambers towards the end of 2018 on being called to the Bar. Philip is a member of the Association of Pension Lawyers (“APL”) Main Committee and frequent speaker at APL events. Chambers UK ranks Philip in Band Two of the London “leading individuals”: he “has an enormous mind for legal work, great ability and is charming to deal with”, according to Chambers UK sources. At Travers…
News 26 Apr, 2018
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.
External Publications 16 Apr, 2018
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
Andrew Short QC and Naomi Ling successful in judges’ pensions case appeal, resisting appeal against ET decision that they were discriminated against on grounds of age. Andrew Short QC and Naomi Ling successfully resisted an appeal by the Ministry of Justice to the EAT from a finding that judges had been discriminated against on grounds of age. The claimants are more than 200 judges who were moved to a less generous pension scheme in 2015. The Employment Tribunal found that the aim of protecting those closest to retirement was not legitimate and, in any event, the judges were so badly affected by the change that it was not proportionate. The EAT found that the judge had made some errors in…
News 7 Feb, 2018
Andrew Short QC and Lydia Seymour successful in the EAT in firefighters’ pension case appeal, overturning ET decision to dismiss the firefighters’ claims. Andrew Short QC and Lydia Seymour act for more than 6,000 firefighters in this group claim for age discrimination, equal pay, sex and race discrimination following the introduction of a less generous pension scheme for younger firefighters in 2015. All claims were originally dismissed by the Employment Tribunal, but the rejection of the age and race discrimination claims has now been overturned. The EAT found that the Employment Tribunal had applied the wrong test on the question of justification and an inadequate level of scrutiny on the issue of proportionality. All parties were given permission to appeal…
News 7 Feb, 2018
We are delighted to have been shortlisted in Legal Week’s British Legal Awards 2017 – Chambers of the Year category. The British Legal Awards hosted by Legal Week in association with The City of London Law Society, takes place at the end of the LegalWeek Connect, and is due to be attended by 1,000 lawyers. All 29 categories have been carefully chosen to reflect the ever-complex and challenging work of business lawyers at law firms, within legal departments and at the Bar. Key awards this year include The City of London Law Society Lifetime Achievement Award, Chambers of the Year, Law Firm of the Year, General Counsel of the Year, Editor’s Award: Law Firm Leader of the Year and the Legal…
News 20 Oct, 2017
David E. Grant and Olinga Tahzib appeared for the successful appellant in a High Court appeal from a determination of the Pension Protection Fund Ombudsman. The appeal concerned a narrow but important point of law regarding the construction of Paragraph 26 of Schedule 7 to the Pensions Act 2004 (“PA04”) and, in particular, “attributable to his pensionable service”. The facts The appellant, Mr Anthony Beaton, was an employee of CT Bowring & Co in the early 1970s and became a member of the Bowring Pension Scheme. On leaving his employment in 1994, he stopped accruing benefits under the Scheme and joined Fenchurch Group plc, and began pensionable service in the Fenchurch Group Pension Scheme. Four years later, the assets and…
News 18 Oct, 2017
The Dubai International Financial Centre (DIFC) has proposed a new Trust Law regime and a new Foundation Law regime and invited public comment on the new proposals. The deadline for providing comments ends on 8th November 2017. The proposed new laws are designed to make it easier for private wealth management and succession planning structures operating on both a conventional and Shari’a compliant basis. The proposed new laws arise from recommendations made by the DIFC’s Wealth Management Working Group. Chair of the Group David Russell QC of Outer Temple Chambers, DIFC, said: “The development of these proposed new laws follows a thorough review by the Wealth Management Working Group of the needs of the regional and international wealth management industry.…
News 11 Oct, 2017
We are delighted to announce that David Russell QC was listed in ‘The Private Client Global Elite 2017’ published by Legal Week. An official gala dinner in London on Wednesday 4th October highlighted and recognised the achievement, excellence and success of the Global Elite trust and private client lawyers worldwide. The Private Client Global Elite publication, also launched on Wednesday, serves as a valuable reference tool and directory for all clients and peers looking for the leading advisers in the trusts and private client world. For more information please click here.
News 5 Oct, 2017
