Andrew Mold

Pensions CV

Andrew has extensive experience in pensions law covering all size of matters, proceedings before the Pensions Ombudsman, the Pensions Regulator and in the High Court. He regularly acts for trustees, members, sponsoring companies, professional advisors and the regulatory bodies. Notable matters that Andrew has worked on include the following:

• In the matter of Nortel GMBH and others & In the matter of Lehman Brothers International (Europe) and others.  Andrew appeared for the administrators in the recent decision of Mr Justice Briggs considering the status of FSDs and CNs in an administration, and any subsequent liquidation.  An appeal is due to be heard by the Court of Appeal in mid 2011.
  
  
• Re the Nortel Networks UK Pension Plan.  Andrew is instructed in proceedings before the Upper Tribunal concerning a decision by the Determinations Panel of the Pensions Regulator to issue FSDs against a number of targets within the Nortel group of companies.
  
  
• EMI Pension Scheme.  Andrew was instructed on behalf of EMI in proceedings concerning the use of the Pensions Regulator's powers under Part 3 of the Pensions Act 2004 to determine a Recovery Plan and Schedule of Contributions.
  
  
• The PNPF Trust Company Ltd (as Trustee of the Pilots' National Pension Fund) v Taylor and others. Acting for the Port of London Authority in proceedings brought by the trustee to determine several questions relating to the powers of amendment under the scheme, the trigger and calculation of section 75 debts, what bodies constitute an 'employer' under section 75 and the scheme specific funding regime.
  
  
• Acting in High Court proceedings to determine whether an 'employment cessation event' had occurred for the purposes of section 75.
  
  
• Cemex UK Marine Ltd v MNOPF Trustees Ltd [2009] EWHC 3258 (Ch). Decision of Peter Smith J determining what constituted an 'employment cessation event' for the purposes of section 75.
  
  
• Acting in prohibition proceedings before the Determinations Panel of the Pensions Regulator as a result of an alleged fraud by professional trustees in transferring pension scheme funds to a number of offshore vehicles.
  
  
• Acting in proceedings before the Determinations Panel of the Pensions Regulator for a financial support direction against a private equity purchaser of a well-known UK retail chain after a deficit in its occupational pension scheme was revealed.
  
  
• Advising a FTSE 100 company on how to restructure the funding of a deficit in its occupational pension scheme.
  
  
• Advising the sponsoring employer of a very large occupational pension scheme based in Bermuda.
  
  
• Litigation involving professional negligence claims against the administrators of an occupational pension scheme in respect of the failure to introduce limited price indexation properly.
  
  
• Acting in two large-scale arbitrations relating to the mis-selling of personal pensions and the Pensions Review.
  
  
• Advising in many cases before the Pensions Ombudsman and appeals from his determinations.