Pension Dispute Resolution

When a pensions dispute arises, we understand that you want to resolve it in the most efficient manner and with the minimum impact on your business or scheme. Whether you are a trustee or an employer, our experienced team can help you explore the options before formal proceedings are started. Most disputes can be resolved early, but if proceedings are unavoidable, we will help you protect your interests, and those of your scheme, in the most effective way.

We have experience in the full range of disputes from member complaints under a scheme's internal disputes resolution procedure or before the Pensions Ombudsman to formal proceedings in the High Court.

We have particular expertise in acting for representative beneficiaries appointed in connection with applications to the High Court for directions or for the rectification of scheme documents. Our skill in explaining complex problems in straightforward language is particularly important in helping them to understand the issues. Our effective cost management of the process is equally valued by the employer or trustees who must fund the proceedings.

Where other advisers have been at fault in contributing to a problem, we can explore with you your options for recovering part of your loss from those advisers if their advice is found to be negligent.


Notable deals / highlights

  • Acted for the UK arm of a worldwide professional services network in investigating and preparing potential High Court action against former advisers and possible rectification of pensions documents going back 30 years.

  • Acted as representative beneficiary and provided specialist pensions input in a High Court case that included a complex analysis of conflicts of interest between different representative beneficiaries of the same pension scheme and proceeding to the special situation of summary judgement where represented beneficiaries have become bound by that judgment without the case having been fully contested.

  • Currently acting in High Court proceedings for the representative beneficiary in an application for rectification of scheme rules. The scheme sponsor argues that the increase to deferred pensions contained in the rules does not reflect the intentions of the company and the trustees when they made an amendment to the rules a number of years ago. We were chosen to advise the representative beneficiary because of our industry reputation for acting in a number of similar cases.

  • Successfully negotiated a substantial and satisfactory settlement in a professional negligence dispute against previous pension scheme administrators. The dispute had been running for almost three years and our work included agreeing a standstill agreement to allow continued commercial negotiations to proceed to their conclusion.

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