Thomas Seymour

Pensions CV

Thomas has a wealth of experience in pensions, particularly occupational pension schemes, both in contentious matters in the High Court and Pensions Ombudsman references and in advisory work.

Recent/notable cases include:

• Advising a parent company and participating employers in a multi-employer scheme in relation to a multi-million pound regulated apportionment arrangement and related negotiations with Pensions Protection Fund and The Pensions Regulator [2009].
  
  
• Acting for a former employer facing a claim for payment of a Section 75 debt under the Sea Containers Scheme raising issues arising out of Cornwell v Newhaven Port & Properties Ltd [2005] PLR 329 [2009].
  
  
• Acting for an employer in a post-Agco claim concerning construction of early retirement provisions(Akester & Ors v Kingston Communications plc & Others [2005] PLR 153).
  
  
• Acting for an employer defending an ex-managing director's claim for revaluation of pension benefit as augmented under compromise agreement (Davidson v Arla Foods UK Ltd and Trustees of Express Pension Scheme [2006] EWHC 1234).
  
  
• 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 & Others [2005] PLR 225).
  
  
• Acting for a member in an employer's claim for construction/rectification of trust deed and rules: a leading case on group estoppel in pension schemes: Redrow & Others v Pedley & Ors [2002] PLR 339.

Acting for trustees of occupational pension scheme in two cases concerning:

• (a) Trustees' duty to disclose reasons for decisions and documents relating thereto: Wilson v Law Debenture Trust Corporation plc [1995] 2 AER 337.
  
  
• (b) Independent Trustee Regulations: Denny v Yeldon [1995] 3 AER 624.
  
  
• Acting for occupational pension scheme member's trustee in bankruptcy in the leading case concerning application of the private trust law of forfeiture to scheme forfeiture provisions (Re Scientific Investment Corporation [1998] 2 FRL 761, AER).
  
  
• Acting for trustees successfully resisting a member's claim that preservation rights applied to unfunded occupational pension schemes - the only reported case on the subject (Royal Masonic Hospital v Pensions Ombudsman [2001] 3 AER 408).