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Answers to 15 thorny questions: Directly from 5 QCs and 3 Venerated Solicitors
Registration and coffee
Pensions: Shaping new law into solution-focused answers for your clients
Chaired by: Robert West of Baker & McKenzie
Robert was voted the UK’s top all-round pension lawyer in a poll held by Pensions World. He served as non-executive director of the Pensions Advisory Service. "He has exceptional knowledge and experience."
How do you validly equalise for the effect of GMPs?
What are the unresolved second order issues such as missing data?
What if the scheme is in wind-up?
Answered by: Giannis Waymouth of Norton Rose Fulbright
Giannis led the Lloyds Bank GMP litigation while in-house as pensions counsel for Lloyds Banking Group. Other cases include advising on the liabilities of the Merchant Navy Ratings Pension Scheme.
Overpayments and underpayments
How does Burgess v BIC reconcile with Webber v DoE (No 2) & (No 3)?
What are the practical consequences of the Lloyds Bank case?
How are the courts approaching PA 95 sections 91 and 92?
Answered by: Keith Rowley QC of Radcliffe Chambers
Keith is "a brilliant adviser who comes up trumps whenever you need complex and tricky legal advice." He acted in Burgess v Bic, the Lloyds Bank case and the British airways pensions litigation.
Distressed employers and schemes
Drawing on live cases, what are the golden rules of proposing a CVA or RAA which is acceptable to the PPF and tPR?
Answered by: Raquel Agnello QC of Erskine Chambers
Raquel is an "outstanding advocate; particularly sought after for restructuring cases." She frequently acts for tPR and sits in the High Court as a Deputy Insolvency and Companies Court Judge.
What is the scope and effect of tPR anti-avoidance and supervision powers and how may they change, e.g. s231, s72, notifiable events and moral hazard: (1) information gathering, (2) process and jurisdictional issues and (3) other practicalities?
Answered by: Mark Grant of CMS
Mark is "unrivalled in any matter involving black-letter pensions, legal knowledge and litigation strategy." Clients include the trustees of Heineken, Weetabix, Taylor Wimpey, Northrop Grumman.
Going beyond BA, what are the limits of trustees' unilateral powers to determine what employers must pay?
When must trustees take account of the company’s needs?
Answered by: Henry Legge QC of 5 Stone Buildings
Henry is "one of the brightest stars of the chancery bar: brilliant in terms of his legal analysis." He is author of 'Pension Schemes' and appeared in the hotly-contested BT, IBM and Nortel cases.
Which grey areas and unresolved arguments remain over substituting RPI for CPI - post Barnardo’s and BT?
Answered by: Paul Newman QC of Wilberforce Chambers
Paul advised the senior UK judiciary on the impact of public sector pension reforms on judicial pension schemes. "He is imaginative in finding solutions to extremely complex legal issues."
Where is the room for manoeuvre for trustees when applying ESG to investment and - especially - disinvestment decisions?
Answered by: Keith Bryant QC of Outer Temple Chambers
Keith acted in the Swansea University Pension Scheme case, on the meaning of "unfavourable" in a disability discrimination claim. "He thinks outside the box and comes up with pragmatic solutions.”
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500