News & Events

Pensions

Jennifer Seaman joins Outer Temple Chambers

We are delighted to announce that Jennifer Seaman has joined Chambers, a specialist pensions and chancery practitioner.

News 8 Jan, 2016

SSWP failed to carry out lawful assessments

Court finds that the Secretary of State for Work and Pensions failed to carry out lawful assessments when converting individuals to Employment and Support Allowance (ESA), Fiona Scolding acted for the Respondent, Mr Robert Dukes.

News 21 May, 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

Alice in Switzerland or the fiduciary as common informer

Trusts & Trustees Journal has published an article by David Russell QC of which the following is the abstract: “Recent developments in the seemingly unending war between revenue authorities unappreciative of the efforts of taxpayers to relieve themselves of tax liabilities and taxpayers convinced that they are better custodians of their profits and gains than the governments who seek to share them as taxes may be testing the boundaries of traditional concepts such as that of sham.”

External Publications 16 Oct, 2014

Richard Hitchcock and Farhaz Khan win major appeal in the Desmonds Pension Scheme litigation

The Court of Appeal of Northern Ireland has today handed down its decision in the Desmonds Pension Scheme case.

News 8 Nov, 2013

3 members are involved in the first case of its type regarding abuse and the jurisdiction of the Pensions Ombudsman

Pell Frischmann v Others HC12E02792 2013 EWHC 2203 (CH) Most members of occupational pension schemes involved in a pensions dispute prefer to have their dispute determined by the Pensions Ombudsman (“PO”) rather than the Court. The reason for such a choice is a simple one; issuing Court proceedings exposes a member to the risk of having to pay the costs of the trustees and/or employer. Complaining to the PO does not. However, the applicable statutory regime prevents the PO from investigating when Court proceedings have already been commenced. In general terms the reverse is also true i.e. the Court will not entertain proceedings if a dispute has already been referred to the PO. When the member’s preference for the PO is…

News 7 Aug, 2013

Richard Hitchcock and Farhaz Khan act in the first Judicial Review of the Pensions Regulator

Richard Hitchcock and Farhaz Khan acted for Garvin Trustees Limited, the Trustee of the Desmond & Sons 1975 Pension and Life Assurance Scheme as a notice party responding to an application for leave to bring a claim for Judicial Review made by the former directors and shareholders of Desmond & Sons Limited, the sponsoring employer of the scheme.

News 23 May, 2013

Successful pension scheme rectification claim

Three members of Outer Temple Chambers’ pensions team appeared before Sales J in the Chancery Division on 30 January 2013. MAN Truck and Bus UK Ltd applied successfully for summary judgment in its claim for rectification of the Rules of the MAN UK Pension Scheme. MAN is the latest in a series of successful claims for rectification of pension scheme documentation including IAC (involving, Richard Hitchcock, James Rickards, Keith Bryant and David Grant) and IBM (involving Andrew Spink QC and Nicolas Stallworthy QC). As well as confirming the appropriate legal test to be applied on an application for rectification of a pension scheme, the MAN case is notable in that it succeeded notwithstanding the delay of 13 years between discovery of…

News 31 Jan, 2013

Four members of Outer Temple appear in summary judgment rectification claim

Richard Hitchcock, James Rickards, David Grant and Keith Bryant all appeared before Vos J in Industrial Acoustics Company Ltd v Crowhurst & Ors, the latest in a growing line of summary judgment applications for rectification of pension deeds and rules all featuring members of Outer Temple Chambers.

News 17 May, 2012

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