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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 Representative Beneficiaries of the Scheme in IBM United Kingdom Holdings Limited v Dalgleish [2014] EWHC 980 (Ch), (led by Michael Tennet QC and Nicholas Stallworthy QC). A substantial claim in which IBM was found to have acted contrary to its 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 the trustee in successful proceedings for a Financial Support Direction in Box Clever Group Pension Scheme (led by Gabriel Moss QC and Jonathan Hilliard QC), which is currently being reheard in the Upper Tribunal.
  • 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 is recommended in Chambers and Partners 2014 in the pensions field, which states that he is “recognised for his diligence and client-focused approach”. He was also recommended in the 2013 edition, where it said that Ben “impressed solicitors with his ‘tremendous work ethic and mastery of the facts’”.

Having acted in the high-profile IBM pensions litigation, Ben is described 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, 2015 describe him as “an excellent, hardworking and personable pensions junior.