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Jonathan Chew

Call: 2010   

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

Pensions

Jonathan is listed as an “up and coming” junior in Chambers and Partners for his pensions work. He has acted for and advised a range of institutional and pensions professional clients. He has been involved in disputes affecting major schemes such as Nortel and the Sea Containers 1983 schemes. His pensions work includes not only litigation but also advisory work on transactional and regulatory matters. Jonathan’s work spans the full range of pensions issues covering both the trusts aspects (including RPI/CPI and equalisation issues) and regulatory matters includin section 75 debts and pensions liberation.

As well as acting for and against the Pensions Regulator, Jonathan has acted as clerk to the Pensions Regulator’s Determination Panel.

Jonathan’s ongoing and recent contentious work includes:

  •  Acting for the trustee on a dispute relating to the ability of an employer to set pension increase levels, leading to disputes over rectification, RPI/CPI, and the validity of amendments, led by Michael Tennet QC and Edward Sawyer.
    Acting as clerk to the DP on a recent regulatory request arising out of alleged pensions liberation and misselling.
  • Re London Quantum Retirement Benefit Scheme (Determinations Panel, 8 Feb 2016). Acting as sole counsel (against Jonathan Evans QC and Fenner Moeran QC), for the Original Trustee who had been removed by the Regulator facing allegations of
    misconduct, breach of trust, and pensions liberation.
  • Pollock v Reed [2016] Pens LR 129. Led by Robert Ham QC in a High Court trial acting for the employer in a proposed scheme restructuring, raising issues of the interpretation of the Presevation of Benefit Regs, the role of the PPF, and non-consensual member
    transfers.
  • Acting with Michael Furness QC for the trustee on a claim to recover a £5m section 75 debt from a former participating employer. The claim, raising issues of trustee decision making and consultation, settled shortly before trial in 2015.
  • Advising in relation to alleged over payments to members.

Jonathan’s ongoing and recent advisory work includes:

  • Advising a successor scheme employer on its liabilities and duties under an existing scheme in the context of a substantial deficit.
  • Advising a major product provider on the various rights and duties arising from its obligations under the schemes it offers, including FSMA issues.
  • Advising a major insurer on how to structure its internal procedures to avoid potential unwitting participation in pension liberation.
  • Advising an employer on a proposed restructuring and covenant issues arising.
  • Advising an American scheme employer on scheme amendments and statutory and regulatory best practice in relation to member-nominated trustees.