Jonathan Hilliard

Pensions CV

Jonathan is recommended by Chambers and Partners in the highest band for juniors. He has a substantial litigious and non-contentious pensions practice.

He often acts on his own unled against QCs, as (for example) recently against Christopher Nugee QC in Singer & Friedlander, Michael Furness QC in dealing with the pension submissions in Box Clever, and in a number of hearings in the BT litigation (where Andrew Simmonds QC and Jonathan Evans acted for the other parties). He is also often brought in as a junior to silks from other sets to provide to deal with the pensions / trusts side of a multi-disciplinary case.

Taking litigation first, he has been involved in cases in the High Court and Court of Appeal, before the Pensions Regulator, in the US Courts and before the Pensions Ombudsman, and his pensions cases have often involved significant insolvency, regulatory, employment and international aspects (including US chapter 11).

Over the past year or two, he has been instructed in the following cases (most recent first and current confidential matters not listed):

• Singer & Friedlander- currently representing administrators in dispute over whether buy-out assumptions used for calculating a s.75 debt should be at trigger or certification date. Judgment awaited.
  
  
• Box Clever- successfully acted for the trustees before the Determinations Panel in this FSD case, dealing with the pensions submissions (Gabriel Moss QC dealing with the insolvency submissions), and acting for them in the Upper Tribunal proceedings, including a contested joinder application shortly to be heard (where Jonathan is acting unled).
  
  
• BT Pension Scheme Trustees Ltd v BT plc and Secretary of State for Business, Innovation and Skills (2010-date)- Acting on behalf of trustee in litigation to establish the scope of BT's crown guarantee. Successfully acted (unled) in having a number of issues dismissed for abuse of process (July 2011 judgment) and (led by Alan Steinfeld QC) at first substantive hearing (October 2010 judgment). The second stage hearing was in November 2011 and an appeal to the Court of Appeal is expected.
  
  
• Nortel and Lehman Brothers (2010-11)- acted successfully at first instance and in CA for Pensions Regulator in High Court claim concerning the treatment of financial support directions and contributions notices in insolvency (led by Raquel Agnello QC). Supreme Court hearing to be listed between November 2012 and April 2013.
  
  
• Lehman Brothers (2012- Upper Tribunal)- acting for Regulator before the Upper Tribunal. Hearing in March 2012 to determine whether a trustee can seek a FSD in the Upper Tribunal when the Determinations Panel has declined to issue one, and to determine the application of the time-limits for issuing a FSD.
  
  
• Sea Containers 1990 scheme (2011)- acted (unled) for trustees of the Sea Containers 1990 scheme in equalisation directions claim.
  
  
• Rectification claims- acting (unled) for rep ben in rectification claim. Final hearing estimated end of 2011. Acting (with Andrew Simmonds QC and Antony Zacaroli QC respectively) in two other large pending rectification claims.
  
  
• Lehman Brothers (2010) and Nortel Networks (2010)- successfully acted for Pensions Regulator in financial support direction proceedings before the Determinations Panel (led by Raquel Agnello QC), and dealing with foreign insolvency aspects in both US and Canada.
  
  
• Merchant Navy Ratings Pension Fund (2010)- successfully acted for Stena Line at first instance and in CA litigation concerning contribution powers under the industry-wide scheme (led by Brian Green QC).
  
  
• Bonas Pension Scheme (2010)- successfully acted for Pensions Regulator before Determinations Panel in the first contribution notice case (led by Raquel Agnello QC).
  
  
• Pilots National Pension Fund (2010; 2011)- acted on behalf of trustee (led by Michael Tennet QC) in large directions claim dealing with a number of important aspects of the SSF and s.75 regimes. CA hearing November 2011. He was led by David Pannick QC in a joinder application- reported as PNPF v Taylor (2009)- concerning the limits of representation orders and associated human rights issues.
  
  
• Independent Trustee Services v GP Noble & others (2010-) successfully acted for trustees of a number of schemes in international asset recovery claims against 20 odd defendants arising out of alleged £52m fraud and imprudent investment by former trustees; raises issues as to investment duties of trustees in respect of the PPF (led by Richard Spearman QC). Second substantive hearing estimated 2012.

• Whitney v Monster & MSL Group (Trustees) Ltd (2010)- Successfully acted for a trustee in a pensions and employment dispute over promises made to executives; achieved discontinuance of claim against the trustee shortly before 7 day trial (which proceeded against employer and then successfully resisted application by Claimant to vary ordinary discontinuance costs position ([2010] EWHC 1298 (Ch)).
  
  
• Bridge Trustees v Yates (2010; CA)- deals with the characteristics of "money purchase benefits" and "money purchase schemes", and a number of contracting-out issues (instructed with Chris Nugee QC for Secretary of State intervening on appeal) Currently on appeal to the Supreme Court