James Ayliffe QC

Pensions CV

James acts on a wide range of pensions matters, both personal and occupational.  

Some representative cases include:

• acting for the Pension Protection Fund in securing winding up of employer company on basis of contingent section 75 liability
• acting for scheme administrators facing claim for substantial losses arising out of failure to take effective steps to achieve Barber equalisation;
• advising trustees of large occupational pension scheme regarding issues relevant to assessment of employers' ability to satisfy its potential section 75 liability;
• advising trustees of pension scheme of FTSE 100 company regarding "employer related investments";
• acting for occupational pension fund trustees on multi-million pound claim against a major life office for mismanagement of with profits investment;
• acting for City solicitors facing multi-million pound claim by trustees of occupational fund in respect of allegedly negligent advice/drafting;
• advising major pension provider in relation to potential claims in excess of £300m regarding advice in respect of changes to pension arrangements;
• acting for claimants on claim against pension advisers arising out of re-structuring of pension scheme on sale of business;
• acting for pension advisers facing negligence claim in relation to calculation of transfer values;
• acting for pension advisers facing negligence claim in relation to advice regarding "exportation" of pension fund;
• acting for Policyholder Advocate representing the interests of pension and other policyholders of Commercial Union and Norwich Union (both now part of Aviva) in relation the re-attribution of £5bn inherited estate (Re Commercial Union Life Assurance Co Ltd [2009] EWHC 2521);
• advising the Consumer Association (Which?) regarding aspects of with profits pension arrangements.

James has a particular expertise in with profits arrangements.  He acted for Equitable Life in the well-known proceedings regarding "guaranteed annuity rates" which went to the House of Lords in 2002.  He advised a number of major life offices on wide-ranging reviews of their with profits businesses in the light of the House of Lords decision.  He has also acted for and against with profits insurers on in a number of other cases involving with profits issues.  Further, between 2007 and late 2009 he was heavily involved in the reattribution of Aviva's inherited estate.