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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 pensions junior in Chambers and Partners, described as “very hard-working, bright and a really good team player” whose “opinions and written submissions were excellent.”

He has acted for and advised a range of institutional and pensions professional clients such as Prudential, Scottish Life and Zurich.  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 and regulatory matters including section 75 debts and pensions liberation. He has acted both for and against The Pensions Regulator.

Jonathan’s contentious work includes:

  • 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.
  • UU (ESPS) Trustee v CapGemini. Acting with Michael Furness QC 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 different members of the Sea Containers 1983 Scheme on various allegations of overpayment arising out of the scheme being wound up.
  • Providing pensions advice to the Pensions Regulator in respect of a threatened judicial review arising out of the Regulator’s powers to prevent pensions liberation.
  • Advising the Pensions Regulator (with James Walmsley and Keith Rowley QC) on a regulatory investigation and potential action arising out of a pre-pack takeover and insolvency of a scheme employer.

Jonathan’s non-contentious work includes:

  • Advising a major insurer and pensions provider on its obligations under a range of personal pension and SIPP schemes.
  • 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.
  • Advising the purchaser on an acquisition of a group of employer companies on potential scheme liabilities.