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Emily McKechnie

Call: 2005   

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

Pensions

Emily’s expertise in pensions-related matters is wide ranging, and includes the statutory, regulatory, trusts and professional liability issues commonly encountered in relation to pension schemes.

Emily is recommended by The Legal 500 as a leading junior in the pensions field. She is ranked in Band 2 by Chambers & Partners for her pensions work.

Recent cases include:

  • BBC v Bradbury (Court of Appeal) (judgment pending). Issues include the meaning and effect of section 91 of the Pensions Act 1995, the validity of a South West Trains v Wightman cap on pensionable pay, and the implied duty of trust and confidence (with Michael Furness QC and David Craig QC).
  • Thales UK Limited v Thales Pension Trustees Ltd & ors [2017 EWHC 666(Ch). A claim by the employer that there had been a “material change” to the compilation of RPI, such that there was power to adopt CPI as the “nearest alternative index” (with Robert Ham QC).
  • BHS. Advising the PPF in connection with its claim as a creditor in the proposed CVA for BHS (with David Allison QC).
  • The Pensions Regulator v GPG. Emily acted for the GPG group of companies in defence to proceedings commenced by the Pensions Regulator for financial support directions under section 43 of the Pensions Act 2004 (with Brian Green QC).
  • Acting for scheme administrators in defence to a £9m professional negligence claim by present and former trustees relating to equalisation of benefits across four pension schemes (with Michael Furness QC).
  • Acting for the representative beneficiary in proceedings for the rectification of scheme documentation which introduced an underpin to the calculation of revalued benefits.
  • Acting for the representative beneficiary in Beddoe proceedings concerning the Trustee’s power to bring a claim against the current and former partners of a firm to determine the extent of their funding liability.
  • Advising the Trustees in connection with 13 separate claims in professional negligence against a former pensions consultant relating to the drafting of pension scheme documentation.
  • Entrust Pension Limited v Prospect Hospice Limited [2012] Pens LR 341 and [2013] Pens LR 73.  Concerned with the construction and effect of the deeds and rules of a pension scheme for members working in the hospice and health care industry .
  • Pilots’ National Pension Fund [2010] EWHC 1573 (Ch) Ranked by The Lawyer as one of the top 10 cases for 2010. Emily acted for the representative active self-employed competent harbour authority in the Part 8 proceedings concerned with the construction and operation of the Pilots’ National Pension Fund (with Michael Furness QC at first instance and with Timothy Howe QC on appeal).
  • Nortel Networks. Emily acted for the Canadian parent companies of the Nortel Networks Group in relation to proceedings commenced by The Pensions Regulator for financial support directions under S43 of the Pensions Act 2004.
  • Lehman Brothers. Emily acted for a number of companies in the Lehman banking group, in response to proceedings commenced by The Pensions Regulator for financial support directions under S43 of the Pensions Act 2004 (with Paul Newman QC).
  • Musawi v (1) Bevis Trustees Limited (2) Legal & General Assurance Society Ltd[2009] EWHC 1915 (Ch) – Representing the trustees of the BCCI staff pension scheme in the High Court on appeal from a decision of the Pensions Ombudsman, in response to a member’s request for compensation and a partial transfer of benefits to a different pension scheme.
  • Emily has also regularly advised the Pension Protection Fund in relation to applications for review under S207 of the Pensions Act 2004 and applications for maladministration under S206 of the Pensions Act 2004.