Pensions Litigation

Trustees and employers can often be faced with complex and costly litigation, whether in relation to the rectification of pension scheme documentation or in relation to negligent advice provided by professionals.

Our team of experts will help you to navigate the process as quickly and cost effectively as possible. Our team has an established reputation for providing high quality, pragmatic advice on some of the most complex and high value cases in this area. We help clients to avoid disputes wherever possible and, where unavoidable, to deal with issues promptly, with a particular emphasis on exploring alternative dispute resolution wherever appropriate.

When advising UK pension scheme trustees on disputes, our pension dispute lawyers are mindful of the duties that are owed to the beneficiaries of the scheme in respect of pension benefits in the UK and keep these duties at the forefront of all advice to provide a complete and comprehensive advisory service.

How our Pension Litigation lawyers can help you

Our UK pensions clients rely on us for clear and pragmatic advice on pensions law and cost-effective solutions for all aspects of dispute resolution in relation to pension schemes.

Our team can assist on a wide variety of disputes and litigated matters, including:

Claims against a wide range of pensions professionals for errors made or negligent advice provided, including claims against solicitors, consultants, administrators or actuaries;
Bringing or defending claims against scheme trustees for breach of their fiduciary duties;
Pension scheme documentation mistakes, including the rectification of the documentation; and
Dealing with member complaints under internal dispute resolution procedures and complaints to the Pensions Ombudsman.

We can advise in relation to a wide range of solutions, whether you wish to proceed to formal litigation or whether you would prefer to resolve the matter through mediation or negotiated settlement. Our expert lawyers will work with you to establish the most appropriate and cost-effective route for resolution of your UK pension law issue.

Our clients

Our client base includes professional and lay trustees, company sponsors and individual pension scheme members across a variety of sectors.
Our experience
Our experience extends across a range of disputes and methods of dispute resolution:
Representing Iggesund Paperboard (Workington) Limited and Iggesund (UK) Pensions Limited in the highly publicised High Court proceedings in relation to the rectification of scheme documentation (Iggesund Paperboard (Workington) Ltd, Iggesund (UK) Pensions Limited -v- Messenger [2021] EWHC 627 (Ch))
Acting for the claimant in a high value pensions negligence dispute with a former adviser involving issues around the scope of the duty of care owed by pensions advisors to their clients regarding pension planning. Proceedings were commenced in the English High Court. The matter was resolved without trial through a negotiated settlement.
Our solicitor services include acting for an international shipping company in a successful litigated contractual dispute over the responsibility for multi-million pound pension liabilities arising from a BIMCO contract.
Acting jointly for the trustees and sponsoring employer in a negligence claim against scheme legal adviser resulting in a significant settlement agreed through mediation.
Acting for the claimant in a high value pensions negligence dispute with an existing adviser in relation to delays in winding up a pension scheme.
Negotiating the settlement for a pension scheme beneficiary of a proposed claim against the trustees of a pension scheme for breach of duty, representing the client in the internal dispute resolution procedure followed by pre-action correspondence.
Advising in relation to errors and defects in pension scheme documents
Advising in defending professional negligence claims and member complaints, for example arising from erroneous transfers, overpayments of pension benefits, delays in paying pension benefits and misstatements
Acting for claimants bringing professional negligence claims for negligent pension planning advice in UK, both in court and through mediation
FAQs

Who can you act for in pensions related disputes?
Our pension solicitors have experience of advising a range of clients, including the company sponsors and UK pension scheme trustees, as well as acting for individual beneficiaries in disputes with pension schemes.
Is Court action necessary to rectify a mistake in the scheme documentation?
In certain circumstances, mistakes in a pension scheme can be corrected by other means, but in many instances (and particularly where the mistake has the effect of entitling members to greater pension benefits than those intended) it will be necessary to apply to Court for rectification of the documentation. Our dispute service will provide advice on the options available to you in each instance and the most appropriate and cost effective route.
What dispute services do you offer? Can you advise in the resolution of disputes through complaints mechanisms, as well as through formal litigation?
Yes, our team has extensive experience of resolving matters through internal dispute resolution procedures (IDRP) or the Pensions Ombudsman process, which can often be a more straightforward and cost effective means of resolving a dispute.
Do you have experience of ADR?
Yes, with some of the best pension lawyers in the UK, our team has extensive experience of negotiating settlements, mediation and arbitration.
Do you measure your success rate at Court?
We measure or success by having satisfied clients at the end of any dispute whether the dispute is resolved at Court, in mediation or by a negotiated settlement.
Resources
All of our specialists are members of the Association of Pensions Lawyers