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)
Qualified: 2009, England & Wales
Pensions experience since: 2010
Joined Sackers: 2010
Employers: Travers Smith LLP (2006-2009)
Magdalen College, University of Oxford (2002-2005)
Degree: BA in Jurisprudence
- James Bingham is particularly skilled at advising clients on regulatory investigations, Part 8 proceedings and cases involving allegations of negligent misstatement. 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.