Registration and coffee
Pensions: Shaping New Law into Solution-Focused Advice for Clients
Thu 30 March 2017
The Caledonian Club 9 Halkin St London SW1X 7DR
Answers to 9 Thorny Questions: Directly from 5 QCs and 3 Venerated Solicitors
This conference is now over
Pensions: Shaping new law into solution-focused advice for clients
Chaired by: Robert West, Partner, Baker & McKenzie
Robert is "one of the best pensions lawyers out there". He "is extremely good at explaining things in a simple way". He served as non-executive director of the Pensions Advisory Service and Chairman of APL.
Lessons from BHS and British Steel: How might future tPR powers be sharpened and focused?
Should statutory dispensations be permitted?
Answered by: Paul Newman QC of Wilberforce Chambers
Paul is "an absolutely outstanding advocate: dynamic, inventive and engaging". He is the current Chairman of the Trustees of the Bar Council Staff Pension & Life Assurance Fund.
To what extent are trustees who continue to use RPI exposed to possible risk (e.g. being sued by sponsors for granting excessive increases)?
Is it savvy to shift from RPI to CPI?
Answered by: Keith Rowley QC of Radcliffe Chambers
Keith is "very good at seeing how the facts fit together in large cases". He acted in Buckinghamshire v Barnardo’s, which sought to clarify whether trustees have the power to switch from RPI to CPI.
Powers of discretion
Drawing on the BA case, where is the tipping point between proper and improper use of trustees' powers of discretion?
Answered by: David Pollard of Freshfields Bruckhaus Deringer
David is "a legend", "guru" and "serious class act" - "one of the most eminent pensions lawyers around". He is author of "The Law of Pension Trusts" and "Employment Law and Pensions".
Where will the DC litigation come from and why (including bulk transfers and the legal pensions investment framework)?
Answered by: Raquel Agnello QC of Erskine Chambers
Raquel has "a particular focus on the regulatory side of the pensions industry". She acts extensively for the Pensions Regulator, including on Nortel and Lehman in the Supreme Court.
What can you do to protect trustees from liability under third party contracts including the power to give indemnities (especially in longevity and buy-in contracts)?
Answered by: Camilla Barry, Head of Pensions, Macfarlanes
Camilla has an "amazing ability to talk people through complex pensions issues in plain English". She advised Visa on the pensions elements of its acquisition of Visa Europe.
Trust and confidence
Anticipating the IBM appeal, in the context of trust and confidence, what is meant by "disappointing reasonable expectations"?
Answered by: Nicolas Stallworthy QC of Outer Temple Chambers
Nicolas is "an excellent tactician, right at the cutting edge of pensions law". He is a "deeply analytical thinker" with a "brilliant and incisive mind": he "will think of every angle to a case".
Drawing on the Scottish cases, is the answer to GMP equalisation now in sight or as far away as ever?
Answered by: Roy Martin QC of Terra Firma Chambers and 6 Pump Court
Roy is "famed for his handling of pensions equalisation litigation". He is "at the top of his game and second to none: highly respected by the Scottish courts".
Close of conference
** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500