Partner
CurrentI have been heavily involved in the development of the Pensions Regulator’s powers. Matters where I have acted for the trustees include:• Coats – advising in relation to an investigation by The Pensions Regulator (TPR) into the possible use of its ‘moral hazard’ powers• EMI – settling a scheme funding dispute on the steps of a Determinations Panel hearing following the takeover of EMI by private equity firm Terra Firma• Focus DIY – negotiating a settlement following action by TPR to pursue a financial support direction (FSD)• Sea Containers – obtaining the first-ever FSD• telent – successfully obtaining an order for the appointment of independent trustees following a bid for telent by Pensions Corporation.Recent High Court cases in which I have acted include:Lloyds Bank, ITV and Europe Arab Bank – all of which concerned rectification of pension scheme documentation, obtained by summary judgment and/or by court-approved compromiseHalcrow – known as Pollock v Reed, a test case concerning trustees’ powers and propriety in a benefit restructuring situationUnited Utilities – enforcement of a disputed section 75 debt.
