Court of Appeal holds pensions increase rule means what it says (Britvic plc v Britvic Pensions Ltd) – Article by Henry Day
The Court of Appeal gave judgment last week in the Britvic pension increase case, applying the Supreme Court’s recent guidance on contractual interpretation, explaining the weight to be given to a provision’s wording as against contextual factors, and making clear the limits of ‘corrective construction’. Henry Day examines the decision in this article for LexisPSL. […]
Financial Ombudsman Service holds Carey liable for breach of regulatory obligations in further SIPP investor complaint (S v Options SIPP UK LLP) -Article by Henry Day
The Court of Appeal’s judgment in Adams has provided some clarity on the application of FSMA s.27. But what about the other limb of the appeal – the client’s best interests rule? In this article for LexisPSL, Henry Day considers what a recent decision of the Financial Ombudsman (again against Carey Pensions) might suggest about […]
Daniel Thorpe
Daniel has worked for a commercial litigation boutique and has also spent time on secondment at a leading offshore law firm. As a result, he readily appreciates the needs of his clients and prides himself on his user-friendly attitude and ability to work collaboratively with his solicitors and other barristers, as required. His multidisciplinary approach […]
Piers Digby
Piers has previously taken secondments at both the Financial Conduct Authority and a leading UK bank, and has a thorough understanding of regulatory issues relating to banking and consumer credit more widely. He knows how to work with solicitors and clients under challenging conditions, combining legal ability beyond his call with an approachable manner. Prior […]
Pro- and anti-member trends in judicial decision-making – some recent cases
Are the courts pro-member when deciding pensions cases? Sometimes it seems that the underlying and unexpressed rationale for a decision is the court’s unspoken sympathy for the position of one or other party. You are invited to explore this issue through a discussion of some recent pensions cases at a seminar presented by Oliver Hilton, […]
Video: Witness Statements – The New Rules
Witness Statements – The New Rules is hosted by Shantanu Majumdar KC, Dov Ohrenstein and Lauren Kreamer. From 6th April 2021 new rules will apply to most trial witness statements in the Business & Property Courts. This webinar focuses on the practical consequences for litigators: How to ensure statements comply with the new requirements; the […]
Safeway Ltd v Newton [2020] EWCA Civ 869 – Article by Henry Day
When does a pension scheme’s Barber window close? Henry Day considers the Court of Appeal’s second judgment in Safeway v Newton, handed down earlier this week, and its implications for schemes with historic benefit equalisation issues, in an article for Lexis®PSL. Subscribers can read the article here.
What duties does a SIPP provider owe its clients? – Article by Henry Day
What duties does a SIPP provider owe its clients? In the second of two articles for LexisPSL, Henry Day considers the continuing tension between the courts, the FOS and the FCA, following the Ombudsman’s recent determination against Carey Pensions. Subscribers can read the article here.
James Fagan
Before joining the Bar, James trained and practised as a solicitor in the litigation department of a leading US law firm in its London and Hong Kong offices. During his time as a solicitor, James gained experience of advising clients on a variety of commercial disputes with international dimensions. Between 2017 and 2018, James was […]
Adams v Options SIPP UK LLP – Article by Henry Day
The long-anticipated judgment in Adams v Options SIPP UK LLP, addressing the much discussed question of the duties owed by SIPP providers to their clients, was handed down by The High Court on 18 May 2020. Henry Day considers the decision and its implications in this article for LexisPSL. Subscribers can read the article here.
