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Brian Green QC

Call: 1980    QC: 1997

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

Pensions

Brian is consistently Star Rated in this practice area in the Chambers & Partners legal directory and Top Rated in the Legal 500 legal directory.

As Chambers & Partners put in under the Pensions heading in 2016: “Master of detail” Brian Green QC has a “stellar reputation” and provides “decisive and pragmatic advice.” This “exceedingly robust” and “impressive” barrister is described by instructing solicitors as “a superb advocate” who “remains the man you want to have on your side when all other paths seem doomed.” He is “head and shoulders above his peers” due to his “intellect, range of ability and desire to succeed.”

And in 2017: “He has an incredible brain and makes sense of complex issues in an authoritative and sensible way.” “When he’s working on a case he gives absolutely everything. He’s incredibly committed, hard-working and really experienced.”

Brian advises and appears in cases in all the major areas in this practice area.

Examples of leading cases in which Brian has appeared are:

  • AMP v Barker – rectification.
  • Aon v KPMG (CA) – definition of money purchase schemes.
  • British Vita – relationship of express contributions’ covenants and scheme specific funding.
  • Buckinghamshire v Barnardo’s (UKSC) (2017/8) – RPI/CPI.
  • Cemex v MNOPF Trustees – definition of employer for S75 and scheme specific funding purposes.
  • Equitable Life v Hyman (HL) – with profits funds.
  • Foster Wheeler v Hanley (CA) – seminal case on mixed NRD equalisation.
  • MNOPF v Everard – scope of amendment powers.
  • MNRPF Trustees v Stena & Ors – scope of amendment powers and propriety of their exercise in industry-wide scheme, definition of employer for S75 and scheme specific funding purposes.
  • PNPF v Taylor – definition of employer for S75 and scheme specific funding purposes.
  • Safeways v Newton (CA) (2017) –  construction of amendment power and equalisation (limits and correctness of Harland Wolff v Aon).
  • Stena v P&O (CA) -scope of amendment powers.
  • Steria v Hutchinson (CA) – limits of estoppel in pension schemes.
  • Stevens v Bell (CA) – seminal case on construction of pension schemes.
  • Sea Containers, Telent, Nortel (Determinations Panel of the Regulator) – financial support directions.
  • Thales v Thales Pension Trustees Ltd (2017) – RPI/CPI.

Examples of prominent decided cases where Brian has been fully engaged as an adviser behind the scenes, or been briefed to appear where for settlement or other reasons he has not done so are:

  • Entrust v Prospect Hospice (brief for CA).
  • IBM – both rectification and good faith.
  • IMG v German.
  • Procter & Gamble v Svenska (brief for CA).
  • Nortel – adviser to EMEA.

Brian has extensive experience of Regulator matters and is currently representing the Targets in a number of moral hazard cases.