Disputes relating to occupational pension schemes are often complex and of a highly technical nature.
Shoosmiths is engaged regularly on behalf of trustees and employers to correct errors in scheme documentation through rectification proceedings. We also deal with the linked pensions claims against professional advisers to recover financial losses arising from drafting and administration errors.
Navigating the procedural and tactical considerations of these disputes ensuring we can 'see the wood for the trees' is what we do best.
We understand the critical importance of driving through successful rectification actions, working closely and cooperatively with other lawyers to ensure a successful outcome, and ensuring all stakeholders are engaged in the process.
In carrying out this work, we recognise that each pensions dispute is unique and that the outcome may have significant future consequences for your scheme. Our pensions disputes specialists combine with our pensions lawyers to provide an expert and seamless service.
Our lawyers are members of the Association of Pension Lawyers, and accredited mediators.
Recent experience includes:
- Acting for the trustees and the employer in relation to rectification and linked professional negligence claims against the scheme administrators arising from a drafting error concerning the definition of final pensionable salary.
- Acting for the employer and trustees in rectification proceedings concerning errors arising from instructions to consolidate schemes, together with linked professional negligence claims against former legal advisers.
- Acting for the trustee and employer in a professional negligence claim against former legal advisers resulting in increased scheme liabilities. The claim was successfully pursued, resulting in a settlement prior to the issue of proceedings.
- Acting for an employer in a professional negligence claim against former legal advisers relating to the crystallisation of a statutory debt following a corporate restructure
- Acting for Scheme Administrators in defending a claim of professional negligence relating to the calculation of member benefits under a scheme
- Advising a client on a challenge over the interpretation of a partnership deed and pension entitlement seeking a declaration on construction of the partnership agreement
- Advising former partners of a legal practice on the interpretation of scheme rules and a potential claim for a statutory debt
- Advising a scheme’s sponsoring employer on the rectification of scheme rules and Part 8 proceedings
- Frequently acting for trustees in dealing with member complaints under Internal Dispute Resolution Procedures and complaints to the Pensions Ombudsman.
