There are a number of areas where disputes can arise in relation
to the administration of pension schemes. Examples of such
disputes range from; member complaints via the internal dispute
resolution procedure or, subsequently, before the Pensions
Ombudsman and problems with the interpretation of scheme
documentation, to disputes between employers and trustees or
between trustees/employers and advisers.
Our Pension Disputes team has experience in
all of these areas, acting for trustees, employers, representative
beneficiaries, members and professional advisers. We have
direct experience in issues such as rectification, equalisation and
debt compromise as well as wider professional
negligence claims against financial and legal
advisers.
The Pension Disputes team draws on the
significant experience and depth of expertise provided by our
established Pensions and Litigation teams.
Richard
Portlock and Nicola Walker head the team,
bringing specialised pensions law and industry know-how and
strategic guidance and dispute resolution expertise together.
This dedicated team provides a seamless service, providing clients
with the best possible tools to identify the complex legal issues
relevant in the pensions context and to apply an appropriate
strategy to resolve them.
We understand that a crucial part of any
pension dispute is fully understanding the legal issues involved,
identifying problems and dealing with them in a proportionate
manner. The Pension Disputes team ensures that potentially
contentious issues are identified and handled from the outset by
individuals who have appropriate knowledge and experience to manage
and minimise the effect of the dispute and place the client in the
strongest possible position.
our pension disputes experience
- Acting for the Representative Beneficiary in
the case of Drake Insurance Plc v McDonald and H R Trustees
Limited which concerned the rectification of scheme
rules.
- 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 the Scheme Financial Adviser in a
professional negligence claim for a six figure sum. We
negotiated a settlement of this claim in the sum of £30,000.
- 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.
our pension disputes reputation
"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 2010
