Pensions litigation

It isn't enough to be just a great litigator. Resolving, managing and avoiding pensions disputes requires a deep understanding of pensions law. Wragge & Co's pensions litigators are, first and foremost, pensions lawyers. This enables them to get to the nub of a matter quickly. It also means that clients benefit from ongoing risk management based on knowledge of their organisation and of the wider legal context.

This five-lawyer Pensions Litigation team mixes pensions expertise with strong dispute resolution experience. Being up to speed with industry issues means they can identify a potential problem and head it off. Being first-class litigators means they know how to fight and how best to secure the right commercial result.

The team's maxim is that prevention is better than cure, so they offer bespoke on-site trustee training based on the rules of their scheme. They are involved in regular pension seminars, helping contacts manage risk and spot warning signs. They also prepare alerts on legal issues, analysing the legal position and providing practical tips.

While preferring to avoid litigation in the first place, the team's track record includes a number of reported cases. It secured a high-profile Court of Appeal victory for Steria in Steria v Hutchison. This case is now the leading authority on the relationship between scheme member booklets and the provision of trust deeds and rules.

In 2008 the team's experts were involved in Alexander Forbes Trustee Services Limited v Clarke and Ors, helping define the meaning of 'entitlement' for the purposes of pre-April 2005 winding ups. They also challenged the status quo in last year's Smithson v Hamilton, established principles on the recoverability of damages in Allied Dunbar, allowed employers to make changes to discretionary practices in Texon and dealt with debt claims arising out of the collapse of MG Rover in re PVHL.

A wide and diverse range of work includes Pensions Ombudsman complaints, High Court claims involving employers, trustees or representative beneficiaries, internal dispute resolution, employment tribunals, claims against pensions professionals and their insurers, court-approved compromises, disputes between schemes and alternative dispute resolution, including mediation.

Peter Shave is part of the Practical Law Company editorial board. He is also a member of the Occupational Pensions Defence Union (ODPU) advisory panel.