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

  • Advising Unions in redundancy and TUPE transfers

    Advising on consultation with unions in redundancy and TUPE transfer situations where industrial action is threatened

    United Kingdom

    Allegations of failure to consult on a change programme

    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.

    United Kingdom

    Establishing internal employee consultation structures

    Advising clients in establishing internal employee consultation structures (both with and without unions)

    United Kingdom

    Legal options of balloting and strike action

    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)

    United Kingdom

    Long running Unite Employment Tribunal case

    Advising on a long-running employment tribunal case brought by a trade union Unite, relating to collective consultation and protective award proceedings

    United Kingdom

    Pre-litigation equal pay case and Trade Union negotiations

    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.

    United Kingdom

    Request for registration as a leviable establishment

    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.

    United Kingdom

    Resolution of dispute and avoiding industrial action

    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

    United Kingdom

    Resolving disputes via ACAS and other processes

    Advising clients in dispute situations as to how to resolve existing disputes via ACAS and other processes

    United Kingdom

    Trade Union rule book revisions

    Assisted in drafting rule books revisions for 2 major trade unions

    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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