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Pensions disputes lawyers: helping clients with pensions litigation

Disputes are common place in pensions, where significant sums can be at stake.

Our experienced Pensions Disputes team has an established reputation for high quality legal advice, combined with a pragmatic, cost-sensitive approach to dispute resolution. Our aim is to avoid disputes where possible but where unavoidable to resolve them as quickly, discreetly and amicably as possible. We simplify the complicated and think beyond the law.

Our lawyers have been involved in much of the key pension scheme litigation of the past 25 years, which has provided us with invaluable experience in advising clients on member complaints, trustee/employer disputes, court proceedings, and dealings with the Pensions Regulator, Pensions Ombudsman and Financial Ombudsman Service. We have dealt with some of the most complicated and high value cases in this area.

We are ranked as a top tier team for pensions disputes in both Chambers and Legal 500.

Pensions litigation: our pensions disputes experience

Our recent experience in pension scheme disputes includes:

  • acting for leading institutional clients (including benefit consultants) in defending professional negligence claims and member complaints, for example arising from erroneous transfers, overpayments, delays and misstatements
  • acting for claimants bringing professional negligence claims, both in court and through mediation
  • advising Barnardo’s in relation to its appeal to the Supreme Court, brought to decide whether the trustees could adopt an index other than RPI for the purposes of indexation and revaluation
  • advising the Airways Pension Scheme Trustee in the long running dispute with British Airways, in respect of which a settlement was blessed by the Court in November 2019
  • advising the trustees of the BHS pension scheme following the collapse of the retailer and threatened proceedings against the corporate group by the Pensions Regulator
  • acting for the trustee of the Box Clever Group Pension Scheme: the first substantive hearing regarding the Pensions Regulator’s moral hazard powers before the Upper Tribunal
  • advising Carey Pensions in a key case concerning SIPP providers’ obligations in respect of execution only transfers
  • acting for the trustee in Safeway Ltd v Newton: the highest value equalisation claim to be heard before the Courts, which may be one of the very last rulings from the European Court (October 2019) on a UK pensions matter
  • acting for the representative beneficiary in proceedings brought by Sopra Steria, relating to the absence of a s37 certificate. This was the first case to consider this point
  • advising other companies and trustees on confidential enforcement proceedings brought by the Pensions Regulator and s 72 requests
  • acting on numerous other reported cases seeking rectification of pension scheme documents or court directions as to their true construction
  • advising in relation to pensions fraud, pensions misselling (particularly around DB to DC transfer requests) and pensions investments
  • advising in relation to errors and defects in pension scheme documents

Pensions litigation: what people say about our pensions disputes lawyers

Claire Carroll is “absolutely terrific. She knows pensions as well as anyone in the market and runs cases with breathtaking efficiency and charm”

Emma King “is excellent with clients”

Jennifer Miles has an “extensive skill set across all aspects of pensions law”

Giles Orton is “a seasoned lawyer with an excellent track record of finding commercial solutions to complex pensions disputes” with “an enormous reputation… he almost invented pensions litigation”

Source: Chambers and Partners 2019 and the Legal 500.