Practical and timely pensions disputes advice for businesses

Pensions dispute resolution involves addressing problems that are affecting pension schemes. Issues can arise between employers, trustees, members, or regulatory bodies and a legal process is often needed to determine the outcome. Disputes may relate to the interpretation of the scheme's rules, entitlement to benefits, or compliance with pensions law and regulation. 

Resolving such issues is often crucial, as they may directly impact the financial security and retirement plans of individuals. Effective resolution of pensions disputes ensures fair outcomes, protects the interests of all parties involved, and upholds the integrity of pension schemes. 

Osborne Clarke's pensions dispute resolution practice is strong. Members have excellent technical knowledge, which they bring to their cases. They are also sensible and commercial, and handle cases effectively and collaboratively. 

Pensions disputes client, Legal 500

How we can help you

Our team advises employers, trustees and members as well as blue chip pensions consultants and pensions providers on the full spectrum of pensions disputes.

In addition to a sizeable professional negligence practice (claimant and defendant), our team is particularly well known for handling complex rectification and construction applications (particularly for representative beneficiaries) in a pragmatic fashion. We also have an established practice handling Pensions Regulator investigations, especially regarding the imposition of financial support directions.

Why choose Osborne Clarke for pensions disputes?

We have a leading pensions disputes practice as recognised by the legal directories (Band 2 in both Chambers and Legal 500 2024). Our experienced team, many of whom are individually ranked, is dedicated to navigating these often complex and high value issues to achieve successful resolutions on behalf of our clients. We have advised on some of the leading and precedent setting pensions cases of recent times as well as several high profile Pensions Regulator investigations.

In addition to our technical knowledge and expertise, our clients value our pragmatism and commerciality. We recognise that litigation can be expensive and time consuming and we see a court resolution as a last resort. We have an excellent track record of resolving pensions disputes via settlement and compromise, including by alternative dispute resolution (ADR).

Our pensions disputes lawyers

Our team provides a seamless blend of litigation and pensions expertise through the very close working relationship between our commercial disputes and or pensions team (including the expertise within our independent trustee company, Open Trustees). This means we are able to deploy our market leading technical pensions knowledge in every dispute we are engaged in. 

Experience

Trustee of the T&N Retirement Benefits Scheme

Advising the trustee of this £1billion+ scheme on a number of high-profile reported pensions cases, including Grenville Hampshire v. Board of the Pension Protection Fund (Case C-17/17) and Secretary of State for Work and Pensions v. Hughes [2021].

Trustees of the Boxclever Pension Scheme

Open Trustees (an OC subsidiary), acts as the trustee of the Boxclever Pension Scheme. The Pensions Regulator is investigating the imposition of a financial support direction against ITV plc and other connected and associated parties arising out of the insolvency of Boxclever.

Trustees and employer of a pension scheme sponsored by a significant car manufacturing company

Advising the trustees and employer of a c. £300 million pension scheme in relation to a complex proposed Part 8 rectification application. The case concerns drafting errors in the scheme's rules relating to the ability of a certain category of members to take unreduced early retirement.

A representative beneficiary for a property company's pension scheme members

Acting for the representative beneficiary in a significant Part 8 claim brought by the trustee of the pension scheme. The case involves the claimant seeking declarations in relation to over twenty issues covering five different sets of Deeds and Rules.

Trustees of the Old British Steel Pension Scheme

Open Trustees acts as the trustee of the Old British Steel Pension Scheme following its restructuring and entry into a PPF assessment period. In this capacity, we have dealt with in excess of 500 member complaints through the scheme's internal dispute resolution (IDR) procedure including references to the Pensions Ombudsman.

Advising one of the leading providers of pensions and investments

Advising a leading pensions provider in a complex multi-party professional negligence claim. The claim focuses on the failure to effect changes to the scheme accrual rate and amendments to the definition of pensionable salary used when calculating members pension. The loss being sought by the Claimants in in excess of £20 million.

Representative beneficiary of pension scheme for an international shipping business

Advising the representative beneficiary on a prospective claim by trustees of the Scheme to rectify a change to the trust deed and rules, which had the effect of applying a fixed annual pension increase to certain members of the Scheme. The case was successfully resolved by way of a compromise. 

Trustees of pension scheme in the pharmaceutical and health care sector

Advising the Trustees on two separate claims arising out of the GMP equalisation, one against the Scheme's administrator concerning historic errors in the application of pension increases, the second in relation to a sizeable overpayment to a member. 

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