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

  • Aircraft Charter Agreements

    Advising numerous operators regarding aircraft charter, wet lease and dry lease agreements

    United Kingdom

    Airport operator issues

    Acting for a London airport operator regarding slots, ground handling issues and charging regulations

    United Kingdom

    Airport Operators

    Advising airport operators regarding slots, airport charges, groundhandling, liability and international standards, emergency planning;

    United Kingdom

    Airworthiness and Type Design

    Advice regarding airworthiness and type design compliance demonstration and certification for civil and military platforms

    United Kingdom

    EU External Aviation Relations

    Advising various airlines, investors and the European Commission regarding EU external relations, horizontal agreements, open skies agreements and bilateral air services agreements; Advising a non-EU airline and its government in its negotiations with the European Commission on an EU horizontal agreement

    United Kingdom

    Flybe Slots Sale

    Advising on more than 50 slot sales, purchases and other transactions, including acting for Flybe in the sale of its slot portfolio at Gatwick to easyJet, and acting for British Airways in the landmark High Court case which confirmed that slots may be traded.

    United Kingdom

    Hazardous Goods

    Advising stakeholders on the carriage of hazardous goods by air and land; advising carrier regarding handling of mercury spillage

    United Kingdom

    Regulatory Advice

    Advising numerous airlines and other stakeholders on aviation regulatory issues including EU nationality of ownership and control rules,  EU ETS, air passenger rights (including under Regulation (EC) 261/2004), ATOL and package travel rules, Air Passenger Duty, passengers with reduced mobility, the carriage on unaccompanied minors, airline licencing and operating permits, security and counter-terrorism for civil aviation. Advising on web based selling and price transparency rules.

    United Kingdom

    Unmanned Aircraft Systems

    Advising UAS operator regarding access to airspace, airworthiness and radio spectrum usage; advising European Commission on liability and insurance aspects of a UAS study

    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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