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Call: 1996    QC: 2014

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In Pensions, Fenner has been recommended for many years in the directories. The Legal 500 2021 edition describes Fenner as “very efficient yet thorough; always has the ear of the Court, knowing precisely when to push a point and judging the mood perfectly“. The Chambers & Partners 2021 edition says he is “very user-friendly, extremely reliable and has a consistently positive and enthusiastic attitude“.

Earlier editions have said he is “charming, efficient and prepared to go the extra mile”, as well as being a “dependable advocate”. Fenner is “commercial, pragmatic and astute, he’s someone you want on your side”. He is “an articulate advocate who gives practical and workable advice” with “a perfect legal mind”. Fenner is describes as “a tireless worker who will peer into every nook and cranny of a case”, a “bright and practical barrister with plenty of experience who provides spot-on, commercial advice”, he is “unremittingly enthusiastic and always ready to find an answer”. Commentators are keen to highlight his level of consciousness with regards to the wider pensions industry: “He is very well up to date and alive to a range of various issues” and is “commended for his enthusiastic engagement with the pensions sector and his detailed approach to work”.

Notable cases include:

  • Board of the PPF v Dalriada Trustees Ltd [2020] EWHC 2906 (Ch): Admissibility of ‘pensions liberation’ schemes to the Fraud Compensation Fund.
  • Adams v Options SIPP UK LLP [2020] EWHC 1229 (Ch): FSMA based duties of SIPP providers to supervise investments in ‘execution only’ transactions.
  • Caribonum Pension Trustee Ltd v Pelikan Hardcopy Production AG [2019] EWHC 314 (Ch), and [2019] 6 WLUK 362:  Construction and enforcement of a PPF-type guarantee, abuse of process.
  • Capita Pension Trustees Ltd v Sedgwick Financial Services Ltd [2019] EWHC 313 (Ch):  Admission of evidence after hearing of application.
  • Caribonum Pension Trustee Ltd v Pelikan Hardcopy Production AG [2019] Pens. L.R. 2. Construction of guarantee, and abuse of process.
  • Unipart Group Ltd v UGC Pension Trustees Ltd [2018] Pens. L.R. 18 [2018] EWHC 2124 (Ch):  Rectification and use of confidential opinions in unopposed hearings.
  • Unipart Group Ltd v UGC Pension Trustees Ltd [2018] Pens L.R. 18. Use of confidential opinions on unopposed rectification proceedings with representative parties.
  • Dalriada Trustees Ltd v Bluefin Trustees Ltd [2017] Pens.L.R. 12. Court’s inherent jurisdiction over trustees.
  • Dalriada Trustees Ltd v McCauley [2017] Pens. L.R. 8 Freezing orders and breaches of statutory duty.
  • Granada Group Ltd v Law Debenture Pension Trust Corp plc [2017] Bus L.R. 870, [2017] BCC 57, [2017] Pens L.R. 5, [2017] 2 BCLC 1. (CA).
  • Hughes v Royal London Mutual Insurance Society Ltd [2016] Pens. L.R. 69: Whether a member of a pension scheme has a right to a cash equivalent transfer to an OPS where they are not an employee of one of the receiving scheme’s employers.
  • Garvin Trustees Ltd v Pensions Regulator [2015] Pens. L.R. 1. Legal professional privilege and bona vacantia.
  • Bellinger v Mercer Ltd [2014] 1 WLR 3597 (CA): Amending particulars of claim after the expiry of a period of limitation.
  • Re Bovey Cranbrook RBS [2013] EWHC 4346 (Ch): Inherent jurisdiction of the Court, freezing injunctions and cross-undertakings by public bodies and office holders.
  • Pi Consulting (Trustee Services) Ltd v Pensions Regulator [2013] Pens LR 433: Status of pensions liberation vehicles as occupational pension schemes under the PSA 1993.
  • Konica Minolta Business Solutions (UK) Ltd v Applegate (2) [2013] EWHC 2536 (Ch): Rectification of serial deeds of amendment.
  • Konica Minolta Business Solutions (UK) Ltd v Applegate (1) [2013] ICR 625, [2013] Pens. L.R. 105: Calculation of early leaver benefits and rectification.
  • Entrust Pension Ltd v Prospect Hospice Ltd (2) [2013] Pens. L.R. 73. Exercise of trustees discretion over 30 year period.
  • Re Sea Containers Services Ltd (In Liquidation) [2012] Pens. L.R. 569. 2012] Pens. L.R. 569. Construction of deeds, equalisation of male and female pension benefits.
  • Entrust Pension Ltd v Prospect Hospice Ltd (1) [2012] Pens. L.R. 341. Exercise of trustees powers late – matters to take into consideration.
  • Dalriada Trustees Ltd v Woodward [2012] EWHC 21626(Ch) [2012] All ER (D) 98 (Jun):Trustees rights of action against third parties for breach of trust, fraud on a power, excessive exercise of power, locus standi.
  • Dalriada Trustees Ltd v Faulds [2011] EWHC 3391 (Ch) [2012] Pens. L.R.15: Unauthorised payments under Finance Act 2004, fraud on a power, breach of trust.
  • HR Trustees Ltd v Wembley plc [2011] EWHC 2974 (Ch):Faulty amendment of trust deed, maxim of equity “equity will treat as done that which ought to be done”.
  • Capita ATL Pension Trustees Ltd v Gellately [2011] EWHC 485 (Ch) [2011] Pens. L.R. 99. Faulty amendment of trust deed, equalisation of pension benefits.
  • Capita ATL Pension Trustees Ltd v Gellately [2011] EWHC 485 (Ch). Amendment of trust deed, equalisation of pension scheme, estoppel and contractual variation.
  • Capita ATL Pension Trustees Ltd v Zurkinskas [2010] EWHC 3365 (Ch). Compromise of trust dispute.
  • PNPF Trust Co Ltd v Taylor [2010] EWHC 1573 (Ch). The Pilots National Pension Fund Case, dealing with amendments to schemes, who an ‘employer’ is for s.75 and SSF purposes, and various other matters.
  • MCP Pension Trustees Ltd -v- Aon Pension Trustees Ltd [2009] EWHC 1351 (Ch). Notice, knowledge and forgetfulness for Trustee Act 1925 s.27 advertisements.
  • Re A.C. Skelton Pensions & Life Assurance Scheme, Capital Canfield Trustees Ltd v Beck [2009] PLR 71. Equalisation of benefits in occupational pension schemes.