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Fenner Moeran QC

Call: 1996    QC: 2014

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

Pensions

Fenner is widely recognised as a leading practitioner in his fields of expertise.

He has been recommended for some years in Pensions in both Legal 500 and Chambers & Partners which say he is  “Commercial, pragmatic and astute, he’s someone you want on your side”, “An articulate advocate who gives practical and workable advice.” (Chambers 2015) and “A perfect legal mind” (Legal 500 2015).

Earlier editions have said he is “well known to the industry as being someone who is exceptionally capable“, he “goes beyond the call of duty and matches this with outstanding technical knowledge.”  Described as  a tireless worker who will peer into every nook and cranny of a case“, a “bright and practical’ barrister with plenty of experience who provides spot-on, commercial advice“, he is unremittingly enthusiastic and always ready to find an answer’.  Commentators are keen to highlight his level of consciousness with regards to the wider pensions industry: “He is very well up to date and alive to a range of various issues” and is “commended for his enthusiastic engagement with the pensions sector and his detailed approach to work”.

  • Hughes v Royal London Mutual Insurance Society Ltd [2016] Pens. L.R. 69:   Whether a member of a pension scheme has a right to a cash equivalent transfer to an OPS where they are not an employee of one of the receiving scheme’s employers.
  • Garvin Trustees Ltd v Pensions Regulator [2015] Pens. L.R. 1. Legal professional privilege and bona vacantia.
  • Pi Consulting (Trustee Services) Ltd v Pensions Regulator [2013] Pens LR 433: Status of pensions liberation vehicles as occupational pension schemes under the PSA 1993.
  • Konica Minolta Business Solutions (UK) Ltd v Applegate (2) [2013] EWHC 2536 (Ch): Rectification of serial deeds of amendment.
  • Konica Minolta Business Solutions (UK) Ltd v Applegate (1) [2013] ICR 625, [2013] Pens. L.R. 105: Calculation of early leaver benefits and rectification.
  • Entrust Pension Ltd v Prospect Hospice Ltd (2) [2013] Pens. L.R. 73. Exercise of trustees discretion over 30 year period.
  • Re Sea Containers Services Ltd (In Liquidation) [2012] Pens. L.R. 569. 2012] Pens. L.R. 569.  Construction of deeds, equalisation of male and female pension benefits.
  • Entrust Pension Ltd v Prospect Hospice Ltd (1) [2012] Pens. L.R. 341. Exercise of trustees powers late – matters to take into consideration.
  • Dalriada Trustees Ltd v Woodward [2012] EWHC 21626(Ch) [2012] All ER (D) 98 (Jun):Trustees rights of action against third parties for breach of trust, fraud on a power, excessive exercise of power, locus standi.
  • Dalriada Trustees Ltd v Faulds [2011] EWHC 3391 (Ch) [2012] Pens. L.R.15: Unauthorised payments under Finance Act 2004, fraud on a power, breach of trust.
  • HR Trustees Ltd v Wembley plc [2011] EWHC 2974 (Ch):Faulty amendment of trust deed, maxim of equity “equity will treat as done that which ought to be done”.
  • Capita ATL Pension Trustees Ltd v Gellately [2011] EWHC 485 (Ch) [2011] Pens. L.R. 99. Faulty amendment of trust deed, equalisation of pension benefits.
  • Capita ATL Pension Trustees Ltd v Gellately [2011] EWHC 485 (Ch). Amendment of trust deed, equalisation of pension scheme, estoppel and contractual variation.
  • Capita ATL Pension Trustees Ltd v Zurkinskas [2010] EWHC 3365 (Ch). Compromise of trust dispute.
  • PNPF Trust Co Ltd v Taylor [2010] EWHC 1573 (Ch). The Pilots National Pension Fund Case, dealing with amendments to schemes, who an ‘employer’ is for s.75 and SSF purposes, and various other matters.
  • re A.C. Skelton Pensions & Life Assurance Scheme, Capital Canfield Trustees Ltd v Beck [2009] PLR 71. Equalisation of benefits in occupational pension schemes.
  • British Vita Unltd v British Vita Pension Fund Trustees Ltd & Anor Dec 2007 – approval of compromise of [2007] EWHC 953 (Ch) – validity of contribution demands.
  • Hodgson v Toray Textiles Europe Ltd [2006] All ER (D) 364 [2006] EWHC 2612 (Ch) and Hodgson v Toray Textiles Europe Ltd (2) [2007] All ER (D) 153 [2007] EWHC 444 (Ch) High Court. Equalisation of benefits in occupational pension schemes.
  • Cornwell v Newhaven Port & Properties Ltd [2005] PLR 329 [2005] OPLR 277 High Court. Pensions Act 1995 section 75 debts and actuaries certificates.