I have experience of a broad range of pension related matters, advising employers and trustees alike with a particular emphasis on finance and investment issues. This includes buy-ins and buy-outs, de-risking and advising on the legal aspects of scheme funding issues, including the use of contingent assets.

My advice includes all matters of pension scheme governance both for ongoing schemes and schemes approaching end-game. I also have significant expertise advising on scheme mergers, demergers, and solvent and insolvent wind-ups as well as the pensions aspects of corporate mergers, acquisitions and restructuring.

I am a leading authority and regular speaker on trustee fiduciary duties and environmental, social and governance (ESG) investment issues, providing advice to trustee boards of all sizes in understanding their legal responsibilities, particularly in relation to ESG and the integration of climate-related risks and other sustainability issues into trustee investment decision making as well as TCFD reporting, stewardship and engagement issues.

I have previously chaired the cross-government and industry group – the Pensions Climate Risk Industry Group (PCRIG), providing early guidance in 2021 to trustees on managing and reporting climate related risks. Most recently I was involved with fellow Sackers partner Andy Lewis as part of the Financial Markets Law Committee (FMLC) working group, which provided guidance in 2024 on Pension Fund Trustees and Fiduciary Duties, focusing on sustainability and climate change.

I am an active member of the Investment and Defined Contribution Sub-Committee of the Association of Pensions Lawyers and a member of the legal panel to the Impact Investing Institute.

Recent experience

• assisting clients with the settlement of deferred and pensioner liabilities via buy-in and buy-out bulk annuity transactions
• managing schemes progressing from buy-in to wind-up, including management of residual liabilities through insurance and indemnity solutions
• advising Trustees on ESG matters in investment strategy and decision making, including consideration of fiduciary duties
• helping trustees create comprehensive responsible investment policies and reporting, including frameworks for engagement, exclusions and climate-risk reporting in line with the recommendations of the TCFD
• advising Trustees on DC investment issues, including the use of platform structures, asset security, changes to member funds and transition to DC master trusts
• advising on the merger and sectionalisation of pension schemes including complex structures involving flexible apportionment arrangements.

Qualified: 2003, England and Wales

Joined Sackers: 2003

Made partner: 2011

Testimonials

“Stuart is pragmatic and solution-oriented; he delivers succinct and helpful advice. He delivered good clear advice and made sure it worked for all stakeholders.” – Chambers UK CMI Report

“Main contact point was through Stuart O’Brien who was always able to provide a clear, concise explanation of technical pension subject matters to non-technical individuals.” – Legal 500

“Stuart led our pioneering analysis of the compatibility of pension trustee fiduciary duties and impact investing with characteristic thoroughness and creativity, while maintaining a focus on the end product.” Bella Landymore, Policy director, Impact Investing Institute