James Bingham

Partner

About

James advises trustees and employers on a wide range of pensions disputes. He has been involved in a number of high profile pensions cases including:

  • Wedgwood v Salt acting for the Representative Beneficiary in relation to the validity of the scheme’s closure to future accrual
  • Saga v Paul case which involved the rectification of historic errors in pension scheme documentation
  • the Prudential case concerning the scope of the employer’s duty of good faith
  • the rectification of a number of deeds governing one of the Citibank pension schemes by summary judgment.

In addition, James has experience of trustee applications to the High Court for directions on a wide range of subjects.

James has significant experience of The Pensions Regulator (TPR) exerting its power, including its ‘moral hazard’ powers. James’ work has included advising the trustees of the Coats Pension Plan in relation to a recent TPR investigation and the settlement of a scheme funding dispute following the takeover of EMI by private equity firm Terra Firma. James has also advised employer clients on regulatory matters including the imposition of penalties (and challenges to this) and responding to requests for information as part of ongoing investigations.

James also has significant experience of mediation in a professional negligence context and has obtained a number of successful outcomes for clients as a result of mediation.

A further element of James’ work involves responding on behalf of clients on complaints before the Pensions Ombudsman and he also advises a large number of schemes on individual member disputes.

James is ranked by Chambers UK 2019 as a lawyer to watch.


Memberships and Qualifications

Membership of professional bodies:
Association of Pension Lawyers (Full Member)


Career history

Qualified: 2009, England & Wales

Pensions experience since: 2010

Joined Sackers: 2010

Joined partnership/LLP: 2018

Employers: Travers Smith LLP (2006-2009)


Academic history

University/College

Magdalen College, University of Oxford (2002-2005)

Degree: BA in Jurisprudence


Further Information

Testimonials:

  • James Bingham is “calm, practical and collaborative.” – Chambers UK 2022
  • James Bingham is particularly skilled at advising clients on regulatory investigations, Part 8 proceedings and cases involving allegations of negligent misstatement.  “He is knowledgeable, accessible and helpful.” – Chambers UK 2021
  • James Bingham is very personable and particularly strong on Ombudsman issues” – Legal 500 2021
  • One source remarks that he is “very personable, knowledgeable and great with clients,” adding that he “combines an eye for litigation with extensive technical knowledge” – Chambers UK 2020
  • James Bingham assists clients with a wide range of pensions matters, with a focus on work for trustees. Sources say he has “excellent knowledge and understanding of pension litigation” – Chambers UK 2019
  • James Bingham is noted for his work on rectification, Pensions Ombudsman and moral hazard matters. One source says: “He is extremely competent, sensible and level-headed.” – Chambers UK 2018

Extracurricular interests and activities:

As a keen sportsman I will often be found playing or watching any number of sports. I also enjoy going to the gym, reading and cooking.


Expertise

Pensions litigation

Pension transfers


Latest News & Media

James Bingham comments in Pensions Expert on Irish pension exclusion in bankruptcy case

Sackers’ survey shows industry is split on new transfer regulations

James Bingham comments on MoD reinstating Armed Forces Scheme member after scam transfer

James Bingham comments on insurers called to protect trustees against GMP claims

James Bingham comments on the consultation to strengthen TPR’s powers

Pension scams: Empowering trustees and protecting members – Sackers response

Facilitating financial guidance or advice – the key is a well-managed process

James Bingham discusses TPO’s impact on the pensions industry as it celebrates turning 30

James Bingham writes in Pensions Expert on RPI switching

James Bingham comments on pensions clawbacks in Pensions Expert


Latest Knowledge

Pensions litigation briefing – June 2022

Pensions litigation briefing – December 2021

Hot topic: Are you ready? The new statutory transfer regime

Combatting pension scams – new conditions on transfers

New contribution notices under PSA21 – TPR consults on code of practice changes

Pension scams – empowering trustees and protecting members

Pensions & investment litigation briefing – April 2021

Pensions & investment litigation briefing – December 2020

Pensions & investment litigation briefing – June 2020

Protecting Defined Benefit Pension Schemes – A Stronger Pensions Regulator