Edward Sawyer

Pensions

Edward is recommended as one of the leading pensions juniors in Chambers & Partners and The Legal 500.

He has extensive experience of pensions litigation and advisory work, having appeared in a number of the most important pension cases of recent times such as Verity Trustees, BBC, Mitchells & Butlers, Lloyds (GMP equalisation), IBM, Merchant Navy Ratings and many others. He has often appeared as advocate against silks on the other side.

Edward has been involved in a number of the leading cases on Pensions Regulator proceedings such as Nortel, Bonas Group Pension Scheme and Box Clever.

Edward also regularly works on smaller cases, acting for trustees, employers and members, with a focus on finding pragmatic and cost-effective solutions to often complex problems.

Edward regularly deals with issues as to scheme funding, s75 debts, equalisation, rectification, trustee and employer duties, interpretation, insolvency, regulatory powers, PPF entry and professional liability, amongst other matters.

Edward has acted for many different types of client in pensions cases: trustees, employers, members / representative beneficiaries, public bodies and professional advisers/insurers. He aims to combine specialist technical knowledge with a practical and strategic approach.

His pensions practice also comprises pensions-related professional negligence claims.

Example cases:

• Verity Trustees v Wood – 6 week trial addressing the validity of numerous amendments and consequences of non-compliance with section 37 Pension Schemes Act 1993.
• BBC – acting for BBC in proceedings about whether the scheme’s amendment power permitted changes to future service benefits (first instance and appeal).
• Railways Pension Scheme v Atos – acting for trustee in claim to determine scope of power to set contibutions (first instance and appeal).
• Mitchells v Butlers – acting for the successful claimant in a 3 week rectification trial.
• Lloyds Bank Pension Scheme – acting for trustee in two trials on GMP equalisation.
• Pension Protection Fund v Dalriada – acting for the PPF in claim to resolve issues about the operation of the Fraud Compensation Fund.
• Box Clever – acting for the targets in a claim by the Pensions Regulator for an FSD.

Download Pensions CV

Professional liability

Edward is recommended by The Legal 500 in the field of “professional negligence”.

Edward has considerable experience of professional negligence cases involving accountants, auditors, lawyers, actuaries and financial advisers. He has been particularly involved in cases regarding investment funds and pension funds, and in professional negligence claims arising out of fraud.

Representative work includes:

• Defending a major international auditor in respect of claims arising from collapse of a corporate group.
• Acting for pension scheme actuaries in relation to failed benefit equalisation.
• Defending a leading firm of accountants against claims of mismanagement of a high net worth individual’s investments.
• Proceedings involving claims of negligence and other misconduct against a City firm of solicitors in relation to advice on corporate governance and directors’ powers.
• Acting for a claimant in a claim against an actuary for negligent work on a FRS17 disclosure note.
• Defending an auditor in respect of claims arising from the failure of a film finance partnership.
• Proceedings involving claims of negligence against an accountant in respect of corporation tax advice on director’s loan account.
• Defending solicitors sought to be made vicariously liable for the fraud of their partner.
• Acting for the claimant in a claim against a major investment bank for breaches of the FSMA regulatory regime in the conduct of investment business.

Download Professional liability CV

Trusts, probate and estates: contentious

Edward has been involved in many contentious and non-contentious cases involving trusts, probate and succession, both domestic and offshore. He has had particular experience in recent years of domestic trusts litigation and advisory work (much of it confidential in nature), while also working on heavy offshore trusts litigation. He has acted on behalf of trustees and beneficiaries and for and against professional advisers acting for the trust. Edward aims to provide practical client-focused solutions and, where litigation is necessary, a strategic and proportionate approach.

He is ranked as a leading junior in The Legal 500 in the field of “private client: trusts and probate”.

Recent cases include:

• Re a Guernsey Trust – acting for trustees in the contentious restructuring of a very large family trust in Guernsey with parallel proceedings in Jersey.
• Acting for one of the parties in the Wong litigation in Bermuda.
• Caldicott v Richards – claim for setting aside a self-dealing transaction by a trustee and for removal of trustees.
• McAllister v Herbert – acting for administrator of an estate sued for personal liability for wrongful distribution.
• A v B – working on long-running trust litigation and appeal in Hong Kong concerning c£800m of assets. Issues raised include constructive trusts, sham gifts, undue influence, breach of fiduciary duty and challenge to validity of will.
• Re X Fund – acting for a representative beneficiary in a Court-approved compromise of trust proceedings in which a £30m campaign fund was transferred to a newly-created charity.
• Re Y Employee Benefit Trust – advising trustees of employee benefit trust in relation to application to Court for removal of an entrenched restriction on distribution from the articles of a company owned by the trust.
• Re N Golf Club – acting in Part 8 proceedings in the Chancery Division for members in dispute about ownership of a golf club allegedly held on the trusts of an unincorporated association.
• Defending former trustees (and their insurers) in proceedings for breach of trust for failing to collect a debt owed to the trust.
• Advising trustees of UK trust on incidence of expenditure between capital and income.

Download Trusts, probate and estates: contentious CV