Emily Campbell

Pensions

Litigation

Emily acts in relation to all types of pension litigation (including non-contentious litigation such as 'Beddoe' applications and compromises). Examples of cases in which she is currently or has recently been involved are as follows:

• Several claims relating to mistakes in pension scheme documentation (eg. revaluation and pensions increase provisions and the definition of 'pensionable service'), involving parallel rectification and professional negligence claims.
  
  
• A claim relating to the meaning of 'money purchase benefits' and the operation of the contracting-out provisions (see reported cases below).
  
  
• The preparation of written submissions to the Pensions Ombudsman in relation to a claim for maladministration.
  
  
• A Pensions Regulator case involving the making of suspension orders.
  
  
• A case involving the Hastings-Bass jurisdiction in relation to a deed reversing the equalisation provisions of a pension scheme.
  
  
• A claim raising the issue of the meaning of 'employments cessation event' in the context of an industry-wide pension scheme.
  
  
• Appearing in the High Court in a case involving the funding of the Merchant Navy Pension Scheme: Cemex v MNOPF [2010] PLR 1 (meaning of employment cessation event).

Advisory

Emily regularly advises trustees, employers and members of occupational pension schemes. She also advises in relation to personal pension arrangements, and arrangements which are not registered pension schemes, and advises in respect of the taxation of pension arrangements. She has particular expertise in relation to the interpretation of actuarial reports and evidence.

Examples of recent advice include:

• Advising an employer on the procedure for closing a pension scheme and of the scheme funding consequences.
  
  
• Advising in relation to the operation of section 75 debt in the context of an industry-wide pension scheme.
  
  
• Advising an employer in relation to the formal segregation of a pension scheme.
  
  
• Advising in relation to an L v M scheme.
  
  
• Advising trustees in relation to sex discrimination in a pension scheme.
  
  
• Advising an employer in relation to the application of the moral hazard provisions to a proposed scheme restructuring.
  
  
• Advising in relation to the issue of correcting mistakes in pension scheme documentation without the need for a trial.
  
  
• Advising in relation to the investment duties of trustees in cases where FAS or the PPF have a direct interest.
  
  
• Advising on the meaning of 'unauthorised payment' for the purposes of the Finance Act 2004.

Reported cases

These include:

Aon v KPMG [2006] 1 All ER 238 (meaning of 'money purchase scheme').

Hodgson v Toray Textiles [2006] PLR 253 (equalisation of pension scheme benefits).

Hodgson v Toray Textiles [2007] PLR 129 (interim deeds and transfer payments).

Houldsworth v Bridge Trustees [2010] PLR 101 (CA) (meaning of "money purchase benefit", effect of contracting-out provisions, and treatment of AVCs in scheme winding-up).

Cemex v MNOPF [2010] PLR 1 (meaning of employment cessation event).