| Call 2005
Experience and Expertise
Wendy is recommended as an leading junior in both Chambers UK and The Legal 500, having been variously described as “bright and enterprising” and “acquiring an enviable reputation”.
Wendy is an associate member of the Association of Pension Lawyers.
During pupillage Wendy undertook a secondment with the pensions department of a city firm which exposed her to a wide range of contentious and non-contentious matters.
Wendy accepts instructions concerning all aspects of pensions law including equalisation, closure of schemes to future accruals, bulk transfers, the Employer Debt Regulations and the Preservation of Benefit Regulations, conduct of pension trustees, rectification of scheme documentation, winding-up and professional negligence of professionals associated with the administration and operation of schemes.
Cases and Work of Note
- acted as junior counsel for the Trustees in Capita ATL Pension Trustees Ltd & Ors v Sedgwick Financial Services Ltd & Ors  EWHC 214 (Ch) in an application concerning section 14A of the Limitation Act 1980.
- acting for the successful appellant in Ascham Homes Limited v Hassett Auguste  EWHC 3517 (Ch),  I.C.R. 359 an appeal from a determination of the Deputy Pensions Ombudsman turning on the construction of Regulation 19 of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) as amended. The first High Court decision to consider the meaning of “business efficiency” for the purposes of the regulations.
- acting as junior counsel for the trustees in Re Gleeds Retirement Benefit Scheme  EWHC 1178 (Ch),  Ch. 212 in an application for directions concerning the validity of amendments to a Scheme purportedly made by deed in circumstances where the documents executed did not comply with section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989;
- acting for the Respondent in Ainslie v Sun Life Assurance Company of Canada (UK) Ltd  EWHC 453 (Ch),  030 PBLR (14), an appeal from a determination of the Deputy Pensions Ombudsman in relation to a number of issues including the member’s entitlement (or lack thereof) to a TFCLS and to exercise an open market option in relation to a protected rights policy which had previously been the subject of a settlement agreement;
- acting for the trustee in Alexander Forbes Trustee Services Ltd. v John Doe & Richard Roe  EWHC 3930 (Ch),  19 PBLR seeking a determination of the effect of Regulation 13 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (SI 1996/3126) on section 73 of the Pensions Act 1995 in the context of a hybrid scheme;
- settling particulars of claim against scheme advisers in respect of a negligently drafted top-up pension scheme and ancillary documentation which erroneously gave the member the right to take both the top-up pension and the scheme pension without actuarial reduction at 60;
- settling proceedings in a rectification claim to correct an error introduced during a scheme amendment where the error has been replicated in a subsequent scheme amendment;
- advising a local authority in relation to an allegation of negligent misrepresentation about whether specified sums were capable of superannuation for the purposes of the LGPS;
- advising a member in relation to a possible claim about a mis-sold personal pension;
- settling a claim for rectification of a pension scheme to correct a drafting error which inadvertently increased the accrual rate for a significant number of members. The employer obtained summary judgment without the need for a hearing;
- advising (together with Leading Counsel) an employer facing a potential winding-up petition on the validity of Schedules of Contributions served under both the MFR and SSF regimes which were to form the basis of the petition debt;
- advising trustees in relation to a discrepancy between the scheme rules and the booklets sent to members concerning the basis of calculating pension increases;
- settling (together with Leading Counsel) particulars of claim against former scheme advisers in relation to negligent advice provided in response to the proposed termination of employer contributions to the scheme;
- advising a firm of solicitors as to whether they had provided negligent advice concerning the effect of Foster Wheeler Ltd v Hanley and Ors  EWCA Civ 651;
- acting for the Trustees (together with Leading Counsel) to secure Beddoe relief in relation to anticipated proceedings against former scheme advisers.
The Annual NEAPL Case Law Update (July 2013)
Age Discrimination and Pensions (NW Association of Pension Lawyers Training Session) (May 2010)