Pensions & investment litigation

With five lawyers specialising entirely in pensions and investment litigation, our team is consistently ranked in the top tier for litigation by both Chambers UK and the Legal 500 and has been described as an “exceptional litigation team.”

Our breadth of experience, extensive knowledge of the pensions industry and commercial awareness allows us to provide innovative and pragmatic advice. We value the long-term relationships we develop with our clients but we also have the strength in depth to react quickly and efficiently to any new matter.

How we can help

  • As the pensions landscape continues to change, so too do the risks and governance challenges. We are well-versed in dealing with historic problems that are becoming uncovered more regularly in mature pension schemes, such as ‘equalisation’ and issues concerning the power of amendment. We are also regularly involved in the developing areas of pensions and investment litigation such as pension fraud and shareholder claims.
  •  We act for both claimants and respondents in all forms of litigation including:
    • High Court trustee applications
    • Contentious regulatory investigations and proceedings
    • Investment related claims involving pension schemes
    • Professional negligence claims and mediations
    • Pensions Ombudsman and Financial Ombudsman complaints.
    • We also provide trustees, employers, and pension scheme administration teams with practical training aimed at effectively managing errors and member complaints.

Recent experience

  • We recently acted for the trustees of the Coats pension scheme in relation to the Pensions Regulator’s ‘moral hazard’ powers. We also acted for the trustees of the Sea Containers scheme in proceedings when the first ever Financial Support Direction was issued, and have acted for parties and other stakeholders in relation to numerous other instances of intervention by the Regulator.
  • Acting for the Halcrow Trustees, we brought a test case concerning trustees’ powers and propriety in a benefit restructuring situation.
  • We acted for Honda on a complex construction issue in the Court of Appeal.
  • Our experience on scheme funding extends to situations where TPR is looking to exercise its powers. We acted for the EMI trustees in a funding dispute that was settled the week before a scheduling hearing before the Determinations Panel.
  • Employer debts can be extremely complex and cause trustees and employers significant strain. We acted for a prominent employer in the Pilots’ National Pension Fund case, and recently acted for trustees in enforcing a disputed employer debt which was settled on advantageous terms shortly before trial.
  • We acted for the four representative beneficiaries in the well-known Prudential case in the High Court which has become one of the leading authorities on the employer’s duty of good faith.
  • We regularly advise in relation to investment related disputes with investment managers, administrators and securities related issues, including advising the BBC and other clients in the group action against Henderson.