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Brian Green QC

Call: 1980    QC: 1997

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

Pensions

Brian is consistently Star Rated in this practice area in the Chambers & Partners and Top Rated in The Legal 500.

As Chambers & Partners put in under the Pensions heading in 2019: “An intuitive lawyer who has a deep understanding of pensions law.” “Excellent on his feet in court and
very clear in his delivery of complex arguments. He commands the judge’s attention.”  “Knowledgeable, supportive to clients and brilliantly innovative.”

And as Chambers & Partners put in under the Pensions heading in 2018: “He is extremely creative, energetic and excellent on his feet.” “He is one of the leading pension silks out there, a go-to when you have a formidable technical issue as he has a great intellect, and is able to distil information into very practical, helpful advice.”

Brian advises and appears in cases in all the major areas in this practice area. Recent leading cases in which Brian has appeared are:

  • Granada UK Rental and Ors v Pensions Regulator (“BoxClever”) (CA) – brought in to act on behalf of the Targets in the Court of Appeal on the reasonableness of the imposition of an FSD founded exclusively on facts and matters that pre-dated the legislation.
  • Safeway v Newton (CA) – secured a reference to the European Court (pending) on the question of whether Smith v Avdel prevented retrospective equalisation otherwise valid in domestic law (challenge to correctness of Harland Wolff v Aon).
  • Barnardo’s v Buckinghamshire (UKSC) – whether conditions for replacement of RPI were satisfied.
  • BT v BT Pension Trustee (CA) – whether conditions for replacement of RPI were satisfied.
  • Thales v Thales Pension Trustee – whether RPI could be replaced by CPI on the facts of that case.

Examples of other leading cases in which Brian has appeared are:

  • AMP v Barker – rectification.
  • Aon v KPMG (CA) – definition of money purchase schemes.
  • British Vita – relationship of express contributions’ covenants and scheme specific funding.
  • Equitable Life v Hyman (HL) – with profits funds.
  • Foster Wheeler v Hanley (CA) – equalisation.
  • Lansing Linde v Alber – rectification.
  • MNRPF Trustees v Stena & Ors – scope of amendment powers and propriety of their exercise in industry-wide scheme, definition of employer for S75 and scheme specific funding purposes.
  • PNPF v Taylor – definition of employer for S75 and scheme specific funding purposes.
  • Stena v P&O (CA) -scope of amendment powers.
  • Steria v Hutchinson (CA) – limits of estoppel in pension schemes.
  • Stevens v Bell (CA) – seminal case on construction of pension schemes.
  • Sea Containers, Telent, Nortel (Determinations Panel of the Regulator) – financial support directions.

Examples of prominent decided cases where Brian has been fully engaged as an adviser behind the scenes, or been briefed to appear where for settlement or other reasons he has not done so are:

  • Entrust v Prospect Hospice (brief for CA).
  • IBM – both rectification and good faith.
  • IMG v German.
  • Procter & Gamble v Svenska (brief for CA).
  • Nortel – adviser to EMEA.

Brian has extensive experience of Determinations Panel matters and is currently representing the Targets in several moral hazard cases.