Insurance
Insurance Act 2015: the issues the market is grappling with
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Claims against actuaries and employee benefit consultants can give rise to complex issues, where problems have lain undiscovered for years.
Our professional lines team work closely with pensions teams work to provide joined up [coverage and claims] advice and we are able to combine technical excellence with deep-rooted knowledge of the pensions industry.
Our experience of pensions related professional negligence claims includes issues such as:
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
Advised on a High Court partnership dispute as to whether a partnership had been dissolved and damages for negligence. This claim was brought by our client, a solicitors firm, against one of its partners. It also brought separate defamation proceedings. The departing partner brought an Employment Tribunal claim in response.
Advising our client on a number of complex employee/partner related matters arising out of the merger of two accountancy firms, and subsequent restructuring, which included a TUPE transfer of the business.
Advising a client on a number of complex employee/partner related matters arising out of the merger of two accountancy firms, and subsequent restructuring, which included a TUPE transfer of the business.
The merger triggered exits from 6 teams of partners and their staff at multiple locations across the UK. We provided urgent advice to the newly merged entity in relation to the protection of its business interests.
Advising a major law firm in relation to complex partnership and employment issues in relation to the sale of part of its business to another firm; involving an assessment of different categories of partner, and advice on transitioning of partners (to retain value in the business, and protection of its assets).
Partner
Partner
Partner
Partner
Of Counsel
Partner
Partner
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