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
Advising on consultation with unions in redundancy and TUPE transfer situations where industrial action is threatened
Advising a company in the UK in relation to a high value claim brought by a trade union for a failure to inform and consult appropriately around a change programme.
Advising clients in establishing internal employee consultation structures (both with and without unions)
Advising on legal options around, and the legality, of balloting and any calls for strike action (and working in relation to any industrial action being called off)
Advising on a long-running employment tribunal case brought by a trade union Unite, relating to collective consultation and protective award proceedings
Advising a plc on a substantial pre-litigation equal pay case with over 600 potential claimants, which included undertaking an equal pay review, reporting on liability and quantum, negotiating with the trade union and co-ordinating with an equal pay expert and Counsel.
Working with an industrial services company in the UK in relation to a request from a training board for its registration as a leviable establishment.
Working with an international company in relation to the management of its relationship with its recognised unions, and the management of a dispute and avoidance of industrial action
Advising clients in dispute situations as to how to resolve existing disputes via ACAS and other processes
Assisted in drafting rule books revisions for 2 major trade unions
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