Paul Newman QC

Pensions CV

Paul has regularly advised some of the largest UK pension schemes and companies on various pensions issues. Recent clients include the University Superannuation Scheme, the Industry-wide Coal Staff Superannuation Scheme, British Airways, National Grid, Boots, John Lewis, Citibank, Polaroid, Royal Mail, the Bank of England, BAE Systems, Pfizer, Mars, Cable & Wireless, Deutsche Bank, Honda, the ITN Pension Scheme, Saab and IBM.

Equalisation

Paul has spent much time over recent years dealing with cases, many of which are now the leading authorities in this area, including:

• Smithson v Hamilton [2008] 1 WLR 1453 (the leading case on the court's jurisdiction to correct mistakes in pension scheme documentation).
  
  
• Trustee Solutions Ltd v Dubery [2007] 1 All ER 308 (affd., sub nom Cripps v Trustee Solutions Limited [2007] PLR 237) (validity of scheme amendment; group estoppels; effect of "Barber window" service on statutory winding-up priority categories).
  
  
• Harland & Wolff Pension Trustees Ltd v Aon Consulting [2006] PLR 201 (effect of retrospective amendments on "Barber window" service).

Insolvency and pensions

The effect of corporate insolvency on pension schemes has long been a particular interest of Paul's, stemming back to the aftermath of the last recession, and given new impetus by the Pensions Act 2004, and in particular the establishment of the PPF. Notable cases in this field include:

• Bridge Trustees Ltd v Yates [2008] PLR 261 (revsd. sub nom Houldsworth v Bridge Trustees Ltd [2010] PLR 101) (the meaning of 'underpin benefits' in the context of the statutory priority order in s.73 of the Pensions Act 1995).
  
  
• L v M Ltd [2007] PLR 11 (whether agreements which operate prior to the triggering of a section 75 debt, and which reduce that debt, jeopardise the entry of the scheme into the PPF).
  
  
• Phoenix Venture Holdings v Independent Trustee Services Ltd [2005] PLR 379 (the MG Rover Pension Scheme: interaction of section 75 of the Pensions Act 1995 and the PPF).
  
  
• Re TXU Europe plc [2004] PLR 175 (whether assets set aside to fund unapproved pension arrangements are subject to a trust or equitable charge).
  
  
• Buckley v Hudson Forge Ltd [1999] PLR 151 (the ability of administrative receivers to act as pension scheme trustees during winding up).
  
  
• Simpson Curtis Pension Trustees Ltd v Readson [1994] PLR 289 (the power of administrative receivers to appoint scheme trustees).

Paul also has considerable experience of advising on the restructuring of pension scheme debts within corporate groups, following L v M Ltd.

Pensions legislation

Paul has acted in some of the leading cases on the construction of various provisions of the Pensions Acts, including:

• Hearn v Dobson [2008] EWHC 1620 Ch (meaning of 'employer' in Scheme Funding Regulations 2005).
  
  
• British Vita Unlimited v British Vita Pension Fund Trustees Ltd [2007] PLR 157 (relationship between the scheme specific funding provisions of the Pensions Act 2004 and scheme contributions rules).
  
  
• Aon Trust Corporation Ltd v KPMG [2005] PLR 301 (definition of money purchase scheme; interpretation of section 67 of the Pensions Act 1995).
  
  
• Parlett v Guppy's (Bridport) Ltd (No.2) [2000] PLR 195 (Court of Appeal guidance on the meaning of 'occupational pension scheme' in section 1 of the Pension Schemes Act 1993).
  
  
• South West Trains Ltd v Wightman [1998] PLR 113 (first case on s.67 of the Pensions Act 1995).

Pensions ombudsman appeals

Paul has long and extensive experience of conducting appeals from determinations of the Pensions Ombudsman, involving subjects such as:

• The effect of explanatory literature on a Royal Mail Pension Scheme member's entitlements (Royal Mail Pensions Trustees Ltd v Gosling [2008] PLR 85).
  
  
• The trustee's application of surplus on a winding up (Alexander Forbes Trustee Services Ltd v Halliwell [2003] PLR 269).
  
  
• The incidence of costs of a successful appeal Moores (Wallisdown Ltd v Pensions Ombudsman [2002] 1 WLR 1649).
  
  
• The consequences of a switch of members from a final salary to a money purchase scheme Moores (Wallisdown Ltd v Pensions Ombudsman [2002] PLR 73).
  
  
• The use of covert surveillance by trustees investigating an ill-health early retirement application Law Debenture Corpn v Malley [1999] OPLR 167 (during the course of which Paul successfully resisted an application by the Ombudsman to strike out the appeal [1999] PLR 367).
  
  
• The scope of the Ombudsman's jurisdiction (City & Council of Swansea v Johnson [1999] Ch 189).
  
  
• The right to an oral hearing before the Ombudsman (Elliott v Pensions Ombudsman [1998] OPLR 21).
  
  
• Surrender values in personal pension plans (Royal Heritage Life Assurance v Pensions Ombudsman [1997] OPLR 171).
  
  
• The application of trustee exoneration clauses by the Ombudsman (Seifert v Pensions Ombudsman [1997] 1 All ER 214).

Regulatory

Paul's regulatory work in the pensions field includes:

• Acting for the US creditors committee of Sea Containers, the administrators of the Lehman Brothers Group and the US division of the Nortel Networks Group in relation to the financial support directions issued by the Pensions Regulator, and appearing in Re Nortel GMBH [2011] PLR 37.
  
  
• Acting for the Pensions Regulator on various regulatory matters, including the recent issue of a warning notice of a financial support direction against a substantial multinational corporation.
  
  
• Acting for the PPF in relation to the "Crown Guarantee" claimed by the PT Pension Scheme.
  
  
• Acting for individual and corporate trustees in investigations by the Pensions Regulator into alleged mis-investment of scheme assets.
  
  
• Acting for the National Employment Savings Trust on various issues regarding its establishment, funding and administration.

Local Government

Paul's local government work includes acting for several administering authorities and participating employers of the English, Scottish and Northern Irish Pension Schemes, most notably representing South Tyneside BC in a judicial review of the Ministry of Justice's refusal to meet the cost of benefits for non-active members (R v Lord Chancellor and Secretary of State for Justice [2007] EWHC 2984 (Admin); [2009] ICR 1352 (CA)).

Industry-wide schemes

Paul has acted extensively in cases involving particular issues thrown up by industry-wide centralised pension schemes, such as:

• The various issues relating to the funding of the Pilots National Pension Fund, as decided by Warren J ([2010] PLR 261), and which are due to be heard by the Court of Appeal in May 2011.
  
  
• The application of the scheme funding regulations to industry wide schemes (Hearn v Dobson [2008] EWHC 1620 Ch).
  
  
• The meaning of employer participation in the Merchant Navy Officers' Pension Fund (MNOPF Trustees Ltd v FT Everard & Sons Ltd [2005] PLR 225).
  
  
• The application of statutory pension increases to such schemes (BEC Pension Trustee Ltd v Sheppeck [2002] 3 All ER 154).

Miscellaneous

Cases involving scheme contribution provisions make up a substantial part of Paul's practice, both on the advisory and the litigation side, the most recent case involving a major Italian airline (Alitalia v Rotunno [2008] PLR 175).

Paul has also been retained on behalf of several very high-profile private clients, most notably members of the UK judiciary, to advise on pension issues arising out of the tax simplification regime introduced in the Finance Act 2004.
Paul has also advised a major life assurance firm on how to mitigate the tax consequences of mistaken unauthorised payments to members of insured schemes.

Paul advised the Department of Work and Pensions on the pensions aspects of the Employment Equality (Age) Regulations 2006, which implemented EU anti-age discrimination legislation into UK law.  Paul has also advised the UK judiciary on the government's proposals to impose contributions to the judicial pension schemes.


Other recent/notable pensions cases include:

• Representing the trustees of the Ford Pension Schemes and the National Association of Pension Funds in the Lower Tax Tribunal on a key test case on the liability to VAT of pension scheme fund management charges, which has been referred to the European Court of Justice.
  
  
• Advising the Royal Bank of Scotland on the possible recovery of the pension benefits awarded to Sir Fred Goodwin.
  
  
• Advising the Hong Kong Mandatory Provident Fund Schemes Authority on compensation issues arising out of trustees' breaches of investment duties.
  
  
• Acting for members of the ASW Pension Scheme in their case against the UK government in the European Court of Justice alleging breach of the 1980 EU Insolvency Directive (Robins v SoS for Work & Pensions [2007] PLR 55).
  
  
• Acting for members of the Oldham Signs Pension Scheme in a dispute about an attempted change to the nature of the scheme from final salary to defined benefits.
  
  
• Appearing in the leading case on the application of booklet estoppels in pension scheme cases (Steria Ltd v Hutchison [2006] PLR 13; [2006] PLR 291).
  
  
• Securing court approval for the retention of £1m by the trustees of a pension scheme in winding up for potential personal injury claims arising out of the holding of contaminated land.
  
  
• Appearing in the first High Court case on 'target money purchase' pension schemes (Snowville UK Ltd v Holidaybreak plc [2004] 63 PBLR).