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Andrew Mold

Call: 2003   

+44 (0)20 7306 0102amold@wilberforce.co.uk

Pensions

Andrew has extensive experience in pensions law covering all sizes of matters including proceedings before the Pensions Ombudsman, The Pensions Regulator, the High Court, Court of Appeal and Supreme Court. He regularly acts for trustees, members, sponsoring companies, professional advisors and the regulatory bodies.

Recent notable matters that Andrew has worked on include the following:

  • IBM United Kingdom Holdings Ltd v Dalgleish. Andrew is instructed on behalf of the trustee in this long-running litigation which concerns IBM’s breaches of the ‘Imperial’ duty of good faith and the consequences which flow from such breaches.
  • In the matter of Nortel GMBH and others & In the matter of Lehman Brothers International (Europe) and others. Andrew appeared for the successful appellant administrators in the decision of the Supreme Court determining the status of FSDs and CNs in an administration and any subsequent liquidation. Andrew also appeared before Briggs J and the Court of Appeal.
  • 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.
  • Re Honda Pension Scheme. Andrew recently appeared in the Court of Appeal for the determination of a question of construction arising in the context of the Honda Pension Scheme.
  • Sea Containers Pension Schemes. Andrew is instructed for defendant benefit consultants and actuaries in a professional negligence claim arising out of alleged failed equalisation in the Sea Containers Pension Schemes.
  • Bloxwich Pension Scheme. Andrew is instructed for defendant benefit consultants facing professional negligence claims in the administration of the Bloxwich Pension Scheme.
  • 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. Andrew acted 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 s 75 debts, what bodies constitute an ‘employer’ under s 75 and the scheme specific funding regime.
  • Cemex UK Marine Ltd v MNOPF Trustees Ltd [2009] EWHC 3258 (Ch). Andrew was instructed for Cemex in this decision which determined what constituted an ‘employment cessation event’ for the purposes of s 75.