Pensions disputes

“A major recent highlight for this firm was acting for Foster Wheeler in the notable High Court case Foster Wheeler Ltd v Hanley & others”

Chambers UK A Client's Guide to the Legal Profession, 2014
The Pension Disputes team provides expert legal advice for trustees, employers, representative beneficiaries, members and professional advisors.

Main areas of practice 

Areas in which our highly experienced pension dispute lawyers can provide advice, representation or mediation on, include:

  • Problems with the interpretation of scheme documentation
  • Disputes between employers and trustees
  • Disputes between trustees/employers and advisors
  • Member complaints via the internal dispute resolution procedure
  • Member complaints before the Pensions Ombudsman

Our team has extensive experience of handling legal proceedings relating to rectification and the legal effect of scheme documentation, as well as wider professional negligence claims against legal and other professional advisors.

Clients

Our clients include employers, trustees and other organisations involved in the operation of occupational pension schemes and personal pension scheme arrangements. We also act for representative beneficiaries in legal proceedings.

Significant experience

Our pension dispute lawyers have the necessary specialist skills and experience required to understand the complex legal issues surrounding pension disputes. Such expertise is vital to ensure that all contentious issues are identified from the outset and the pension dispute resolved to the satisfaction of our client. The Pension Disputes team can also draws on the significant experience and depth of expertise provided by our established Pensions and Litigation teams.

Examples of how we have helped clients in their pension disputes include:

  • Acting for the Representative Beneficiary in the rectification case of Drake Insurance Plc v McDonald and H R Trustees Limited.
  • Acting in the High Court for the Principal Employer in the case of Foster Wheeler LTD v Andrew Hanley, one of the leading cases on equalisation of pension benefits payable in respect of men and women.
  • Acting for representative defendants in the "Pensions case of the decade", PNPF Trust Company Limited v Taylor and others and the related appeals, dealing with issues concerning a pension trustee's powers, specifically in relation to steps to address a funding deficit, including advice on recovery plans. Also advised on contentious issues arising from proposed changes to pension schemes.
  • Advising in relation to pension proceedings for declarations concerning the powers available to pension fund trustees, including in relation to appeals from the first instance decision.
  • Acting for the Representative Beneficiary in a Beddoe application concerning a professional negligence claim against solicitors relating to equalisation advice.
  • Acting for the Trustees of a scheme of a major regional employer in negotiating and obtaining judicial approval of a compromise of a scheme funding obligations of the employer and its US parent.

Related expertise

Main contacts

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