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XXIV Old Buildings - Leading Commercial / Chancery Barristers

At XXIV Old Buildings our pensions barristers are able to deal with both advisory work and contentious disputes.   We have experience ranging from Part 8 proceedings to regulatory matters, and due to the strength of our team we are particularly well placed to act in matters which require multi-disciplinary knowledge.

The legal and commercial need has never been stronger for practitioners such as the XXIV Old Buildings team who have in-depth understanding of the interrelationship between pensions and various areas of adjacent specialisms such as insolvency law, company law, and trusts and estates law.

Both the regulatory regime and the overall investment climate mean that specialist advice is essential in relation to issues such as scheme buy-ins and buy-outs, and during an acquisition all parties will need to consider the pensions risks (for example in relation to the employer debt legislation). When issues arise in the context of the history of a scheme’s governance any problem is likely to need a thorough understanding of the legal and trust law duties which arise, as well as associated fiduciary, actuarial, and investment duties

Our specialist pensions barristers act as advocates before all relevant tribunals (the Pension Regulator, the Upper Tribunal, the High Court, Court of Appeal and (previously) the CJEU) as well as in all forms of alternative dispute resolution. We advise and act for Trustees (lay and professional), employers and members, and recent instructions include acting for the Pensions Regulator and the Office of the Pensions Ombudsman.

Pensions Experience

  • Construction of statutory and scheme provisions
  • Rectification of scheme deeds and rules
  • Approval of and challenges to amendments to scheme provisions
  • Indexation disputes
  • Equalisation
  • All aspects of professional negligence involving those concerned with the establishment and operation of pension schemes, and the drafting of scheme rules
  • Issues surrounding “section 37” certification, and the Virgin Media decision
  • Legal issues surrounding surpluses and deficits
  • Regulatory proceedings brought by the Pensions Regulator, to include its “moral hazard” powers, and the employer debt legislation
  • Advising schemes and employers in relation to the PPF
  • All aspects of the financial operation of schemes, including trustee investment duties, and associated actuarial duties
  • Schemes established offshore
  • Complaints to the Pensions Ombudsman
  • Claims against Trustees for maladministration and breaches of duty
  • Pension schemes and corporate/personal insolvency (including third party debt orders during recovery proceedings)
  • Discrimination in regard to pensions (sex, age, and part-time worker status)
  • Claims involving FCA regulatory duties and their overlay onto personal pensions, including claims and litigation involving s.138D FSMA
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For more information on our members’ expertise or to discuss a particular matter, please contact us.

+44 (0)20 7691 2424
[email protected]

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