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Answers to 9 Thorny Questions: Directly from 8 QCs, Senior Juniors and Solicitors of Outstanding Ability
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 by Pensions World. He served as non-executive director of the Pensions Advisory Service. "His knowledge and experience are exceptional."
How clear is the 'subjective’ test of common intention in rectification claims, following FSHC Group Holdings Ltd v GLAS Trust Corp Ltd ?
Answered by: Ben Hubble QC
Ben is "superb: he rolls up his sleeves, solves issues and adds huge value to anything he touches." He acted in the Gleeds litigation over losses from the invalid execution of scheme documents.
What is the correct approach - legal and practical - to unresolved GMP problems, such as (1) pensions tax implications, (2) gaps in data and (3) revisiting past activity?
Answered by: Richard Hitchcock QC
Richard is "brilliantly creative – his judgement is superb - and he brings a sense of humour to a heavy area.” Cases include Sea Containers, Nortel, Visteon, MF Global, Lehman Brothers and Desmond.
Is there a shift in the wind over the duties owed by trustees to scheme employers and scheme beneficiaries following the KeyMed litigation?
What should trustees be doing to mitigate risk?
Answered by: Paul Newman QC
Paul acted in the KeyMed litigation and advised the senior judiciary on the impact of reforms on judicial pension schemes. "He is imaginative in finding solutions for extremely complex issues."
What are the latest Pensions Ombudsman's cases revealing about good practice and bad practice in scheme administration and trustee decision-making and the available remedies and defences?
Answered by: Mark Grant of CMS
Mark is "unrivalled in any matter involving black-letter pensions law and litigation strategy." Clients include the trustees of Heineken, Weetabix, Taylor Wimpey, Northrop Grumman.
Pension Schemes Bill
How do you control - and overcome - the risk to clients of the Regulator's beefed up powers: (1) imposing criminal sanctions, (2) extending CNs and (3) requiring a statement of intent?
Answered by: Raquel Agnello QC
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.
How has judicial guidance in the Box Clever case changed existing thinking on reasonableness and financial support directions?
Why does it matter and why is it so significant for practice?
Answered by: Nicolas Stallworthy QC
Nicolas is "a phenomenal advocate - superb - able to analyse detail and apply that practically in fiendishly difficult situations.” He acted in the hotly contested Box Clever Pension Scheme litigation.
In light of Parris, Brewster and Langford, when can schemes lawfully treat unmarried partners differently from spouses or civil partners?
How is market practice changing?
Answered by: Katherine Apps
Katherine is "simply brilliant; one of the best juniors around and exactly the right person to go to with a difficult and novel point of law.” She is actively advising on unmarried partners and pensions.
Close of conference
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500