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Benjamin Faulkner

Call: 2008   

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

Pensions

A substantial part of Ben’s practice relates to pensions work and associated professional negligence.

Notable recent instructions include:

  • Successfully acting for the Trustee in the Box Clever litigation, the first substantive determination by the Upper Tribunal to issue a Financial Support Direction (Granada UK Rental and Retail Ltd v Pensions Regulator [2018] UKUT 164 (TCC)).
  • Acting for the Representative Beneficiaries of the Scheme in IBM United Kingdom Holdings Limited v Dalgleish [2014] EWHC 980 (Ch) and in the Court of Appeal [2018] Pens LR 1 (led by Michael Tennet QC, John Cavanagh QC and Nicholas Stallworthy QC). A substantial claim (and 10 day appeal) concerning an employer’s duties of good faith in deciding to cease accrual of defined benefit UK schemes and to withdraw early retirement rights.
  • Acting unled for Trustees in a complex failed equalisation case.
  • Acting for representative beneficiaries in a failed equalisation and rectification case.
  • Acting for the trustee in successful proceedings for a Financial Support Direction in Re Nortel Networks (led by Michael Tennet QC).
  • Acting for an IFA in a claim brought against him by an ex-professional footballer, for allegedly failing to preserve his favourable retirement age.
  • Acting for solicitors in defending a claim brought against them for their alleged failure to equalise a pension scheme effectively.
  • Ben has also acted in claims concerning s 75 debts, scheme administrators’ negligence, and complaints to the ombudsman relating to maladministration by pension scheme trustees and administrators.

Ben has been recommended in Chambers and Partners since 2013 in the pensions field, which states that he is “recognised for his diligence and client-focused approach” and that he “’impressed solicitors with his ‘tremendous work ethic and mastery of the facts’”.

Having acted in the high-profile IBM pensions litigation, the legal directories describe Ben as a recognised junior building a solid reputation in the area, who is as likely to appear in cases as sole counsel as he is to appear led by a silk. “He is a very bright guy who is very hard-working and very easy to deal with.” “He is exceedingly user-friendly and charming to work with.”
(Chambers & Partners, 2016).

The Legal 500, 2018 describe him as “extremely diligent, hardworking and able to spot the opponent’s oversights”.