Pension trustee liability

Our team regularly helps professional trustees and pension providers to resolve claims of mismanagement and poor investment decisions, conflicts of interest and fraud. 

We have a dedicated contentious trusts and probate team with lawyers who are members of the Association of Contentious Trust and Probate Specialists (ACTAPS) and are STEP-qualified.

Our team advises on a wide range of matters, from multi-million pounds estate claims to trust disputes and advises charities involved in contested legacy matters.

We are regularly instructed to advise and represent insurers in relation to policy coverage.

We combine our insurance expertise with resource and experience from experts in other major practice fields, in particular our well-respected private wealth, corporate, tax, pensions and contentious trust teams.  

Our experience

Our experience includes: 

  • Defending a group action against SIPP administrators and its insurers facing claims that it acted in breach of COBS 2.1.1 to act in the best interests of its client. Under s27 FSMA the claimants were entitled to have the transactions reversed because they entered into the transaction with the SIPP provider as a result of the activities of unregulated introducers. 
  • Multi-million pound claims arising from pension schemes changing benefits accrual from final salary to career average bases. Remedies involved possible rectification, with a key issue being whether the final salary link could be broken following Re Courage Group Pension Schemes [1987].
  • Dealing with numerous claims, including FOS claims, involving unsuitable investments in UCIS within a SIPP. The investments have been diverse: sustainable agro energy, film financing, solar panels, farmland in Australia, Caribbean holiday homes, storage pods, rice fields in Sierra Leone, tree plantations, musical instruments, wine and teak forests. 
  • Advising on claims arising from pension transfers, including a case where a member transferred her pension scheme into a fraudulent overseas scheme. 

Our clients

We act for Lloyd’s and London market insurers, as well as their insured trustees. We act for all kind of trustees from the large scale corporate trustee to the sole practitioner. We act regularly for offshore trustees, especially the Channel Islands, which we visit frequently.

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