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Bobby Friedman

Call: 2011   

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

Pensions

Bobby is “a rising star” of the pensions bar who “has acted in some of the most high-profile pensions disputes and trials” (Chambers and Partners). Pensions forms a very significant part of his practice and he has extensive experience across all areas of the field. He has been recognised in the legal directories as a leading pensions practitioner for a number of years (a perhaps unprecedented accolade for someone of his year of call).

Recent High Court trials include Shannan v Viavi (shortly to be heard in the Court of Appeal) and Pollock v Reed, and Bobby also acted for the Rep Ben in the IBM litigation.

Bobby has frequently been recognised for his “considerable regulatory experience”(Chambers & Partners 2016), and has particular knowledge and experience acting for Targets facing FSDs or CNs in some of the most high-profile and important disputes of recent years. Bobby has also recently been acting for a company resisting the exercise of the Regulator’s powers under s.231 PA 04.

Bobby has also been involved in a large number of cases involving pensions liberation and trustee removals. He has also successfully obtained a number of trustee prohibitions. He also acts in the whole range of cases relating to pensions, including related professional negligence.

Matters of note include:

  • Acting for a company resisting the exercise of the Regulator’s powers under s.231 PA 04.
  • Acting for the targets in some of the most high profile moral hazard proceedings of recent years, including in response to potential FSDs and CNs. Cases included GPG, Brunel and Staveley, and Silentnight
  • Being instructed as a junior in IBM UK Holdings Ltd and Anor v Dalgleish and Ors.
  • Acting as sole counsel for a Representative Beneficiary in a Beddoe Claim.
  • Advising a pension scheme administrator on the release of funds under a freezing injunction.
  • Acting for an insurer bringing a High Court claim for unjust enrichment following pension overpayments.
  • Successfully obtaining a number of trustee prohibitions (acting for the Pensions Regulator).
  • Being instructed as a junior in IBM UK Holdings Ltd and Anor v Dalgleish and Ors [2014] EWHC 980 (Ch). Bobby was part of the team that represented the representative beneficiaries in a major, seven-week High Court good faith trial.
  • Acting as a junior to Henry Legge QC in writing an expert report on English pensions law for the long-running Nortel litigation.
  • Being instructed by the company as a junior in relation to a significant dispute regarding the British Airways Pension Scheme.
  • Providing advice to companies and trustees, both in England and Wales and offshore, in respect of proposed closure/changes to a pension scheme. Bobby has also advised members on potential claims in respect of scheme closure/changes.
  •  Resisting a claim brought against a major pension provider in respect of payments under a with profits pension.
  •  Drafting a defence for the administrator of a SSAS in a professional liability claim.
  • Advising a member of a SSAS in respect of potential breaches of trust.
  •  Acting on a number of cases involving professional negligence in a pensions context.
  •  Advising the Pensions Regulator and drafting in respect of its restitutionary powers.
  •  Bobby has particular experience of pensions liberation. He appeared as a junior in the trial Pi v The Pensions Regulator and Ors and Dalriada v Nidd Vale Trustees Limited and Ors determining whether a number of pension schemes were occupational pension schemes within Pension Schemes Act 1993. He has also acted for the Pensions Regulator obtaining worldwide freezing injunctions and trustee appointments under
    the Regulator’s powers and the court’s inherent jurisdiction. He has also provided written advice to trustees on liberation matters and to professional advisers facing liabilities as a result of liberation. Bobby’s work has encompassed not just drafting warning notices, but also making applications to the Upper Tribunal. He has also spoken to the APL about pensions liberation.
  •  Advising trustees in respect of a number of potentially defective pension deeds.
  •  Advising a company in respect of pensions liberation in the context of a contractual claim, and successfully resisting an application for expert evidence relating to pensions liberation.
  •  Successfully acting in respect of a proposed suspension of trustees in the Upper Tribunal.
  •  Advising on a claim for breach of trust against pension scheme trustees.
  •  Advising on the winding up of a pensions scheme.
  •  Advising pension scheme administrators on the transfer of a pension in cases of suspected pensions liberation.
  •  Advising and acting for a member of a pension scheme whose pension had been incorrectly applied.