Our breadth of work covers simple Pensions Ombudsman matters to mediating out of court and advising on investment negligence claims. We focus on efficiency and finding a solution for our clients.
The team's work includes acting for trustees, employers and beneficiaries and are experienced in the following types of cases:
- rectification and construction cases seeking clarification of the meaning of pension fund documents
- pursuing professional negligence cases to a successful conclusion
- defending clients who are pursued in professional negligence
- matters in front of the Pensions Ombudsman
- Financial Ombudsman Service
- alternative dispute resolution ranging from facilitating a resolution of smaller and larger cases by means of mediation etc
- small claims.
Our early risk management advice limits the potential for future disputes and where disputes do arise, we pursue, defend and settle disputes through mediation, the Pensions Ombudsman, the Financial Ombudsman Service or the courts.
Our clients range from pension scheme trustees and sponsoring employers to actuaries and scheme administrators. We have also advise a number of not-for-profit and charity clients.
"They're very experienced and excellent."
Chambers UK 2017
Trustees of the Barnardo Staff Pension Scheme, construction of RPI
Advised the trustees on a claim for construction of the definition of "Retail Prices Index" in the scheme rules (Miles Buckinghamshire and others v Barnardo's and others ).
Board of the Pension Protection Fund (PPF), dispute on compensation
Representing the PPF in an ongoing dispute, effectively seeking to challenge the scope of PPF compensation (Grenville Holden Hampshire v The Board of the Pension Protection Fund ).
Sterling Insurance Trustees Limited, construction of amendment power
Acting for the trustee in proceedings to construe a restriction to the power of amendment affecting whether the final salary link remained (Sterling Insurance Trustees Limited v Sterling Insurance Group Limited ).
Trustees of the TUI Travel Plc Pension Scheme, Ombudsman complaint
Advised the trustees on a member complaint about the disinvestment of a pension pot when transferring out during a wind up of the scheme.
Rectification of rules on increases to pensions in payment
We advise trustees on a claim proposed by the employer to rectify the scheme rules regarding increases to certain pensions in payment, remedying a drafting error.
Professional negligence: amendments for sex equalisation and pension increases
Acted for the employer in a claim against three former advisers asserting that amendments to the scheme's benefit structure for sex equalisation and pension increases were negligent.
Representative beneficiary of the Industry-Wide Coal Staff Superannuation Scheme (IWCSS)
Advising the representative beneficiary in a construction claim where the court refused to insert a provision in the rules correcting a drafting error. (IWCSS Co-ordinator Ltd v IWCSS Trustees Ltd ).
Construction/rectification of rules: application of Limited Price Indexation to AVCs
We acted for trustees on the settlement of a construction/rectification claim relating to the provisions of the scheme's rules on the application of limited price indexation to AVCs.
Professional negligence: error in scheme's deed of amendment
We identified a drafting error in a deed of amendment substantially increasing the scheme's liabilities and then advised the principal employer on bringing a professional negligence claim for the error.
Failure to incorporate an early retirement pension
Advising trustees on professional negligence, rectification and construction claims arising from the failure of a former adviser to incorporate an early retirement pension for certain members in the scheme's rules.