Practice overview

Thomas is a highly experienced barrister with a broad chancery and commercial practice. His main practice areas are pensions, trusts/private client, wills and contentious probate, administration of estates and charity law, property, and professional negligence related to those practice areas.

Thomas has a specialist pensions practice based on over 20 years’ experience of acting and advising in pensions matters, including litigation in the High Court, regulatory matters, and Pensions Ombudsman references.

Thomas has an extensive trusts and private client practice, specialising in contentious trust litigation both in the United Kingdom and cases with a foreign element (including recent cases in Gibraltar and the Cayman Islands). His private client practice also embraces wills, contentious probate, estates, and charities.

His property work focuses on real property disputes: enforcing contracts for sale or lease, title and boundaries, restrictive covenants, easements, mortgages, commercial landlord and tenant, and conveyancing.

Thomas acts and advises on partnership and company law matters and has recently advised the Financial Reporting Review Council on International Accounting Standards and compliance issues relating to public companies.

He is also an accredited mediator.

Thomas's expertise

Download Pensions CV

Pensions

Thomas has a wealth of experience in pensions litigation and advisory work.

Litigation

He acts in all types of litigation, including contentious litigation and compromises and Beddoe applications, Pension Ombudsman complaints and appeals, and regulatory matters. These include:

  • Disputes between employer, trustees and (commonly) a representative scheme member as to the effect or operation of scheme provisions, and the actual or proposed exercise of scheme powers.
  • Disputes as to the status, validity and effect of trustee decisions, and exercise of powers.
  • Disputes as to the construction, mistake, estoppel and rectification of scheme documents.
  • Pensions mis-selling and pensions liberation.
  • Sex discrimination and equalisation.
  • Disputes as to investment and breaches of trust, including trustee exoneration, limitation and relief from liability.
  • Proceedings before the Pensions Regulator relating to moral hazard powers (financial support directions and contribution notices).

Advisory

He advises scheme employers, targets faced with warning notices under the moral hazard provisions, scheme members on specific issues, and also commonly represents scheme trustees or representative members on Beddoe and other court applications. Subjects on which Thomas commonly advises include those identified above; early retirement provisions; scheme funding; cessation of accrual, winding-up and S.75 debts (in single and multi-employer schemes); preservation and contracting-out and moral hazard provisions. He has also advised HMRC on VAT issues arising under occupational pension schemes. He also advises in relation to personal pension arrangements, including qualified recognised occupational pension schemes.

 Notable matters include:

  • Acting as part of a team representing pilots who were members of the Monarch and BMI Pension Schemes, who brought proceedings against the Pension Protection Fund (Hughes and others v Board of the Pension Protection Fund). This was a victory for members of schemes in the PPF in that the PPF compensation cap was disapplied from inception. Thomas delivered a lecture to the APL on this case in November 2020.
  • Acting for and advising the targets in response to a recent warning notice from the Pensions Regulator proposing to issue a financial support direction in relation to a major occupational pension scheme.
  • Acting for the trustees of the British Airways Pensions Scheme in defending a claim (British Airways v Airways Pension Scheme Trustee) by the employer concerning RPI/CPI and the alleged invalidity of the scheme amendments and subsequent exercise of powers to grant discretionary increases and pension benefits.
  • Advising an interested party in relation to Hampshire v Pensions Protection Fund concerning Article 8 of the IORP Directive and the meaning and effect of the CJEU decisions in Robins and others v Secretary of State for Work and Pensions and Hogan and others v Minister for Social and Family Affairs as to the support required to be put in place in the event of the employer’s insolvency; whether this has direct effect in UK law; and as to its impact on the compensation cap on PPF benefits under UK pensions legislation.
  • Acting for the trustees of the Hewlett Packard pension plan in a claim by the employer for construction/rectification of scheme rules concerning the application of limited price indexation to additional voluntary contributions (compromised on terms approved by the court).
  • Acting for the defendant to a multimillion-pound claim by The Pensions Regulator in respect of alleged pensions liberation and alleged misuse of assets: this raised issues considered in Pi Consulting (Trustee Services) Ltd v The Pensions Regulator as to the nature and requirements of an occupational pension scheme.
  • Acting for the representative beneficiary to an application for Beddoe directions by the trustee appointed by The Pensions Regulator to occupational pension schemes on grounds of alleged breach of trust and improper investment (Dalriada Trustees Ltd v Gwilliam (unreported) and Dalriada Trustees Ltd v Woodward and Others).
  • Acting for the successful employer in an AGCO claim concerning the construction and effect of early retirement provisions of the Kingston Communications defined benefit scheme (Akester & Ors v Kingston Communications plc & Others).
  • Acting for an employer successfully resisting an employee’s claim for revaluation of pension benefit notwithstanding its augmentation by reference to his normal retirement age under a compromise agreement (Davidson v Arla Foods UK Ltd and Trustees of Express Pension Scheme).
  • Advising former employers in relation to liability for contributions under the Merchant Navy Pension Scheme (Merchant Navy Officers Pension Fund v FT Everard & Sons Ltd and Others).
  • Advising employers in a multi-employer scheme concerning a regulated apportionment arrangement and negotiations with the PPF and The Pensions Regulator.
  • Acting for the representative member in an employer’s claim for construction/rectification of scheme rules to pensionable remuneration: Redrow & Others v Pedley & Ors, a leading case on estoppel. In addition to advising trustees and employers frequently on scheme amendment and estoppel issues, Thomas has made this the subject of specialist papers to the APL and practical law papers and articles.
  • Acting for the trustee in the leading case concerning preservation rights and unfunded occupational pension schemes (Royal Masonic Hospital v Pensions Ombudsman).
  • Acting in a leading case concerning the validity and effect of scheme forfeiture provisions (Re Scientific Investment Corporation).
  • Acting for the trustee in a case establishing that the trustee had no duty to disclose reasons for adopting a particular method of allocation surplus on a bulk transfer (Wilson v Law Debenture Trust Corporation plc).
  • Acting for the independent trustee in a case concerning the meaning and application of regulations concerning independent trustees (Denny v Yeldon).
  • Advising and acting for the employer in relation to a defined benefit scheme established in the 1970’s, subject to a series of governing instruments; raising numerous and complex issues of formal validity; the application of equity and estoppel; and further issues of construction and rectification for mistake.

Download Pensions CV

  • Quote symbolHe is so adept at researching and getting to grips with some of the most archaic areas of pension law.

    Chambers & Partners 2024

  • Quote symbolThomas meticulously ensured that every point was right. He has specialist expertise in pensions law that our clients trusted.

    Chambers & Partners 2024

  • Quote symbolFantastic researcher and team player. He continues to get better and better.

    The Legal 500 2024

  • Quote symbolFantastically responsive, and astonishingly quick at getting to the bottom of very complex, technical and intricate issues.

    Chambers & Partners 2024

  • Quote symbolA go-to counsel especially for technical points on trust and pensions legislation.

    Chambers & Partners 2023

Pensions insights & events View all thought leadership View all events

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    External Conferences

    APL Seminar: Forfeiture – problems and solutions

    Thursday 29th February 2024
    Brewers' Hall, London

    Speakers:
    Thomas Seymour

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    Articles

    Forfeiture and “6 year, no claim” provisions: Part 2

    In the second part of this two-part article, Thomas Seymour and Hugh Gittins of Slaughter & May consider some thorny issues and points for practitioners. This article was first published on PensionsBarrister.com Read the full article

    By Thomas Seymour
    Monday 23 January 2023

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    Articles

    Forfeiture and “6 year, no claim” provisions: Part 1

    In the first part of this two-part article, Thomas Seymour and Hugh Gittins of Slaughter & May consider section 92 of the Pensions Act 1995 in the light of recent caselaw. This article first appeared on PensionsBarrister.com Click here to... Read more

    By Thomas Seymour
    Tuesday 17 January 2023

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    Events / Webinars

    Barnardo’s v Buckinghamshire “Hot Topic” Seminar

    Tuesday 20 November 2018 | 6.30pm - 7.30pm followed by drinks and canapes
    The Law Society, 113 Chancery Lane, London WC2A 1PL

    1.0 CPD

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Professional liability

Allied and directly complementary to Thomas‘s specialisms in pensions, trust and real property matters, he has substantial experience of acting and advising in professional negligence claims in those fields. Thomas is able to deploy his specialist knowledge of the particular practice area.

Thomas regularly acts and advises in claims arising from errors in the course of administering occupational pension schemes, and has extensive experience both in advising and acting for the trustees and/or employers as claimants and in representing the professional defendants (pensions consultants, actuaries and solicitors).

By way of example, since acting for the successful defendant in the leading case of Shore v Sedgwick Financial Services Ltd [2007] EWHC 2009, [2008] EWCA Civ 863, Thomas has acted and advised in a number of other professional negligence claims concerning alleged pensions mis-selling.

Download Professional liability CV

  • Quote symbolFantastic researcher and team player. He continues to get better and better.

    The Legal 500 2024

  • Quote symbolFantastically responsive, and astonishingly quick at getting to the bottom of very complex, technical and intricate issues.

    Chambers & Partners 2024

  • Quote symbolA go-to counsel especially for technical points on trust and pensions legislation.

    Chambers & Partners 2023

  • Quote symbolHe has a wealth of experience. Thomas has a calm manner and judges like him and like listening to him.

    Chambers & Partners 2023

  • Quote symbolThomas is brilliant at deep research, incredibly responsive and very helpful. He is great to have on the team.

    The Legal 500 2023

Thomas's expertise

Download Property CV

Property

Thomas has been frequently engaged throughout his professional life in advising and litigating in real property disputes, in particular contracts for sale or lease and their enforcement, title and boundaries, restrictive covenants and their modification or discharge, easements (including rights of light), mortgages, commercial landlord and tenant issues, leasehold enfranchisement and general conveyancing issues.

Thomas also has significant experience of more specialist topics: school sites and rights of reverter; open spaces and rights of common; property cases involving charitable or public trusts; and cases having ecclesiastical law aspects. His range and depth of experience makes him well placed to provide swift and reliable advice on points which arise in the course of a property transaction.

Notable cases include:

  • Dispute concerning claim to an exclusive fishery over the foreshore and seabed of River Severn at Porton, Monmouthshire: issues as to alleged manorial rights, following earlier decisions in Roberts v Swangrove Estates and Others [2007], Roberts v Crown Estates Commissioners [2008] P&CR.
  • Application for a restoration order requiring the demolition of a building erected in breach of statute at public expense on a public open space in Spitalfields (2015-8): involving proceedings in the Administrative Court, London Consistory Court (June 2016) and Court of Arches (First appeal in 2015, second appeal in October 2018).
  • Walbrook Trustees/Fattal: property litigation concerning multimillion-pound island site in the West End (2003-11), culminating in Fattal & Ors v Walbrook Trustees (Jersey Ltd & Ors [2010] EWHC 2767).
  • Hurstanger Ltd v Wilson [2007] EWCA Civ 299 – an important Court of Appeal decision on the relationship between mortgage brokers and borrowers; the nature and extent of the duty to disclose commission received from the lender; and whether the borrower is entitled to have the mortgage set aside.
  • Firstpost Homes Ltd v Johnson [1995] 4 AER 355 Court of Appeal. Contract for sale of land. Void for non-compliance with s.2 Law of Property (Miscellaneous Provisions) Act 1989.
  • Kohn v Wagschal [2006] EWHC 3356 (property dispute: leave to enforce arbitration award: High Court and Court of Appeal).
  • Official Custodian for Charities v Parway Estates Developments ltd [1984] 3 AER 679 CA; OCC v Mackey (No.1) [1984] 3 AER 689; (No.2) [1985] 2 AER 1016. Forfeiture of commercial lease on insolvency.
  • Advising on whether the erection of the Holocaust Memorial would be unlawful as in breach of statutory duty under an Act of Parliament of 1900 requiring the laying out and use of the site as a garden.

Download Property CV

  • Quote symbolFantastic researcher and team player. He continues to get better and better.

    The Legal 500 2024

  • Quote symbolFantastically responsive, and astonishingly quick at getting to the bottom of very complex, technical and intricate issues.

    Chambers & Partners 2024

  • Quote symbolA go-to counsel especially for technical points on trust and pensions legislation.

    Chambers & Partners 2023

  • Quote symbolHe has a wealth of experience. Thomas has a calm manner and judges like him and like listening to him.

    Chambers & Partners 2023

  • Quote symbolThomas is brilliant at deep research, incredibly responsive and very helpful. He is great to have on the team.

    The Legal 500 2023

Trusts, probate and estates: contentious

Thomas acts and advises in a wide range of contentious and non-contentious trusts, charity, probate and estate matters, including:

  • Breach of trust disputes.
  • Construction and rectification of trust documents, contentious trust matters.
  • Claims by trustees against advisors/third-parties.
  • Charity matters generally, including charitable trusts.
  • Probate and estates, construction and rectification of wills, the Inheritance (Provision for Family and Dependants) Act 1975, probate claims, issues and claims concerning the administration of estates (both internal and third-party claims), Beddoe proceedings, statutory wills, Court of Protection and next of kin enquiries.

Representative matters include: 

  • Jeffreys and others v Scruton and others: a case which demonstrates the value of stating in clear terms the event upon which the ultimate trust is intended to take effect and also illustrates that the court will not lightly assume that there is anything in the will, or surrounding circumstances, which makes the will ambiguous so as to justify admitting extrinsic evidence under S.21 AJA 1982.
  • Acting for an infant (and representative) beneficiary under settlements in proceedings in Bermuda concerning a proposal for rearrangement of the trusts and a confidential interim application (December 2017).
  • Acting for the settlor and principal beneficiary of multimillion-pound settlements in proceedings in the Cayman Islands by the Trustees against the Bank of New York Trust Company Limited, to which the settlor was joined as third-party.
  • Acting for the offshore trustees of settlements in an eight-year long dispute concerning property in London held through a corporate structure.
  • Advising on an Inheritance Act claim by a second wife claiming against an estate largely comprising shares in a family company.
  • Advising on whether school buildings erected in the 19th Century and used as a school are subject to a charitable trust.
  • Acting and advising in contentious litigation concerning a building in a consecrated churchyard in central London and involving a complex web of trust, property and ecclesiastical issues, including a trust arising under the Open Spaces Act 1906.
  • Acting for the trustees in litigation – and on the compromise (approved by the Court in 2015) – of a claim to set aside a settlement of a reversionary interest upon equitable grounds.
  • Acting for the trustee of a family settlement, bringing proceedings in Gibraltar, joining the beneficiaries and settlor to determine whether the shares had been effectively settled or remained vested in the settlor.
  • Acting for the corporate investment vehicle sued as defendant in major trust-related litigation in Gibraltar in the High Court and in the Court of Appeal (2008-9: subject-matter confidential).

Download Trusts, probate and estates: contentious CV

  • Quote symbolFantastic researcher and team player. He continues to get better and better.

    The Legal 500 2024

  • Quote symbolFantastically responsive, and astonishingly quick at getting to the bottom of very complex, technical and intricate issues.

    Chambers & Partners 2024

  • Quote symbolA go-to counsel especially for technical points on trust and pensions legislation.

    Chambers & Partners 2023

  • Quote symbolHe has a wealth of experience. Thomas has a calm manner and judges like him and like listening to him.

    Chambers & Partners 2023

  • Quote symbolThomas is brilliant at deep research, incredibly responsive and very helpful. He is great to have on the team.

    The Legal 500 2023

Trusts, probate and estates: contentious insights & events View all thought leadership View all events

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    Articles

    Will construction – failure of trust (Jeffreys and others v Scruton and others)

    By Thomas Seymour
    Friday 13 March 2020

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    Events / Webinars

    Annual Trust Litigation Day 2019

    Monday 21 January 2019 | 8.45am - 5.40pm followed by drinks and dinner
    InterContinental London Park Lane, One Hamilton Place, Park Lane, Mayfair, London W1J 7QY

    £299/£360 + VAT | 5.5 CPD

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Thomas's Details

BSB/VAT information

Registered name: Mr Thomas Oliver Seymour
VAT number: 234890939

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Qualifications and Appointments

  • First Class degree in Law – Cambridge

Memberships

  • Chancery Bar Association
  • Association of Pension Lawyers
  • Association of Contentious Trust and Probate Specialists

Publications

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