Actuaries & Benefit Consultants

Claims against actuaries and employee benefit consultants can give rise to complex issues, where problems have lain undiscovered for years.

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:

  • Barber equalisation
  • Converting defined benefit schemes to defined contribution
  • Data protection breaches
  • Incomplete schedule of contributions
  • Pension Protection Fund risk based levy
  • Application of preservation legislation
  • Rectification of trust deeds and rules

Our Actuaries & Benefit Consultants Work

  • All
  • UK & Europe
  • Coverage and monitoring following employer insolvency and PPF assessment

    Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme

    Depreciation of fund value and subsequent losses

    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

    Equalising gender benefits following the "Barber" judgement

    Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991

    Incorrect "preservation" legislation in rules

    Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993

    Incorrect drafting of rule consolidations

    Advising on incorrect drafting of rule consolidations

    Incorrect equalisation of retirement ages in accordance with Barber

    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

    Knock-on effects of failure to properly amend scheme rules

    Advising on failure to properly amend the scheme rules correctly to reduce future benefits

    Loss of chance claims

    Acting on loss of chance claims

    Misapplication of funds claims against a trustee

    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

    PTL policy claims

    Advising on claims under PTL policies for “exonerated loss” cover

  • Cross-border contract dispute for insurer client

    Acting for a major insurer in a multi-million pound cross border contract dispute following the counterpartys material breach of contract, advising on the English law aspects and quarterbacking overall strategy in multiple strands of the case in France and England.

    United Kingdom

    Cross-border litigation involving fraud and breach of contract

    Acting for a major corporate in cross border litigation relating to fraud and breach of contract with total claims in excess of £1bn. Including handling breach of trust litigation is London with various ancillary freezing orders and overseeing Arbitrations and criminal proceedings in Italy and fraud claims in New York.

    United Kingdom

    Dispute concerning complex copyright infringement

    Acting for a software developer in a complex copyright infringement, breach of contract and confidential information claim which resulted in a lengthy trial in the Chancery Division of the High Court.

    United Kingdom

    Software dispute

    Successfully defending a software company in a dispute concerning the alleged misuse of confidential information, trade secrets and copyright.

    United Kingdom

Our Actuaries & Benefit Consultants team

James Roberts
James Roberts

Partner

Tim Crockford
Tim Crockford

Partner

James Preece
James Preece

Partner

Jim Taylor
Jim Taylor

Partner

Andrew Forsyth
Andrew Forsyth

Of Counsel

David Méheut
David Méheut

Partner

Dr. Henning Schaloske
Dr. Henning Schaloske

Partner

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