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

5hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    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.

  3. ​tPR Powers

    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.

  4. ​Inflation rates

    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.

  5. Morning coffee

  6. 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".

  7. ​Direct contributions

    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.

  8. ​Over-run

  9. Lunch

  10. ​Trustees' liability

    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.

  11. ​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".

  12. GMP equalisations

    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".

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500