James Ayliffe QC
Call: 1987 QC: 2008
+44 (0)20 7306 email@example.com
James has wide experience of pensions matters, with a particular focus on cases involving
- negligence claims against pensions professionals;
- claims in relation to pensions misselling; and
- claims arising out of the misappropriation or mismanagement of pension assets.
Some representative cases include:
- acting for SIPP managers resisting appeal against Pensions Ombudsman’s determination dismissing claim against them for breach of duty in relation to investment chosen by SIPP investor;
- representing City solicitors facing complex claim by scheme trustees for damages for losses arising out of failure to equalise retirement ages;
- advising the Pensions Regulator in relation to a ‘failure to agree’ between trustees and employer under Part 3 of Pensions Act 2004;
- advising beneficiaries under SIPPs arrangements regarding claims against trustees and managers for mismanagement of trust investments;
- successfully representing the Pension Protection Fund in its first court case involving pursuit of a winding up order against an employer based on a contingent S 75 debt;
- advising the trustees of a large occupational pension scheme regarding issues relevant to assessment of employers’ ability to satisfy its potential s. 75 liability;
- advising the trustees of a large occupational pension scheme regarding ‘employer related investments’;
- acting for pension fund trustees on multi-million pound claim against a major life office for mismanagement of a core investment;
- acting for City solicitors in defence of multi-million pound claim by pension fund trustees in respect of allegedly negligent advice/drafting of scheme documentation;
- advising major life office in relation to potential claims exceeding £300m regarding negligent advice in respect of changes to pension arrangements;
- acting on claim against benefit consultants arising out of re-structuring of pension scheme on sale of business.
He also has a particular expertise in relation to with profits (see further ‘Financial Services” tab under ‘Commercial’) which extends to pension arrangements.