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Emily Campbell

Call: 1995   

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

Pensions

Litigation

Emily acts in relation to all types of pension litigation (including non-contentious litigation such as ‘Beddoe’ applications and compromises), including:

  • Claims relating to mistakes in pension scheme documentation (e.g. revaluation and pensions increase provisions, ineffective pension scheme closures and errors in the definition of ‘pensionable service’), involving parallel rectification and professional negligence claims.
  • Disputes between trustees and employers as to the funding of defined benefit schemes.
  • Proceedings before the Pensions Regulator. Emily recently acted for a former company director in relation to an appeal in relation to the issue of a Contribution Notice by the Northern Ireland Pensions Regulator.
  • Pensions Ombudsman complaints and appeals. Emily has represented the Pensions Ombudsman.
  • Disputes as to the interpretation of pension scheme documents.
  • Proceedings relating to pensions liberation.

Advisory

Emily regularly advises trustees, employers and members of occupational pension schemes.  She also advises in relation to personal pension arrangements, and arrangements which are not registered pension schemes (including employee benefit trusts), and advises in respect of the taxation of pension arrangements. She has particular expertise in relation to the interpretation of actuarial reports and evidence.

Examples of areas upon which Emily advises are as follows:

  • The cessation of accrual.
  • The operation of legislation relating to the funding of pension schemes.
  • The operation of the moral hazard provisions.
  • Sex discrimination in pension schemes.
  • Technical issues regarding the preservation legislation and the contracting-out legislation.
  • The trustees’ investment duties.
  • The taxation of registered pension schemes.
  • The taxation of unregistered pension schemes (ERFBS) and employee benefit trusts, including the disguised remuneration legislation.

Reported cases

These include:

  • Norman Charles Webber v Department for Education [2016] EWHC 2519 (Ch) (LTL 18/10/2016) (Pensions Ombudsman appeal relating to the application of statutory limitation periods to complaints)
  • Merchant Navy Ratings Pension Fund Trustees Ltd v Stena Line Ltd & ors [2015] PLR 239 (trustees’ power to introduce new funding arrangement).
  • IBM v Dalgleish [2015] PLR 99 (remedies for breach of employer’s duty).
  • Garvin Trustees Ltd v Pensions Regulator  & ors [2014] PLR 9 (whether privilege can be asserted in relation to dissolved company in the context of Regulatory proceedings).
  • Archer v Travis Perkins LTL [2014] PLR 311 (approval of a compromise in an equalisation dispute).
  • Konica Minolta Business Solutions (UK) Ltd v Applegate (No 2) LTL 27/8/2013 (rectification of scheme documents).
  • Konica Minolta Business Solutions (UK) Ltd v Applegate [2013] PLR 105 (application of preservation laws).
  • Misys Ltd v Misys Retirement Benefits Trustees Ltd [2012] EWHC 4250 (Ch) (rectification of scheme documents).
  • Cemex v MNOPF [2010] PLR 1 (meaning of employment cessation event).
  • Houldsworth v Bridge Trustees [2010] PLR 101 (CA) (meaning of ‘money purchase benefit’, effect of contracting-out provisions, and treatment of AVCs in scheme winding-up).
  • Hodgson v Toray Textiles [2007] PLR 129 (interim deeds and transfer payments).
  • Hodgson v Toray Textiles [2006] PLR 253 (equalisation of pension scheme benefits).
  • Aon v KPMG [2006] 1 All ER 238 (meaning of ‘money purchase scheme’).