Pensions Dispute Resolution

The Pensions Dispute Resolution Group deals with the most difficult, complex and high value pension disputes in the UK. Most work we do for our clients never becomes known. We are expert at resolving and avoiding disputes. We always take the most proactive and constructive approach, avoiding going to Court if we can. However, we are always ready to fight our client’s corner.

We have been at the cutting edge of pensions cases for nearly 30 years starting with Courage - one of the first ever pensions cases.

We are known for:
  • being the ‘go to’ firm for the most complex, challenging, high value and novel pensions disputes
  • having a market leading, full-time specialist pensions disputes resolution partner with extensive experience, dedicated to this area, who heads up the practice
  • being the most commercial, pro-active and solution driven firm - we come up with solutions to avoid ending up in Court
  • we help our clients with early and effective risk management
  • we provide an all-round, in depth service, seeing problems from all angles, working as a seamless team with our mainstream Pensions group
Recent examples of public cases we have acted in are:
  • British Airways: in proceedings against the trustees of one its main pension schemes over their decision to grant annual pension increases from the scheme which is in substantial deficit. The case is ongoing
  • Taveta targets: in regulatory proceedings brought by the Pensions Regulator in relation to the BHS Pension Schemes which were recently the subject of a settlementandthe BHS inquiry by the Work & Pensions and Business, Innovation and Skills Committees
  • Trustees of the Staveley Scheme: as a directly affected party in regulatory proceedings brought by the Pensions Regulator to issue a financial support direction against target companies in the Coats Group which are ongoing
  • Trustee of the Granada Supplementary Pension Scheme: we successfully defended a claim up to the Court of Appeal by Granada that security arrangements set up under this ‘top up’ scheme contravene Companies Act 1985 restrictions as there was no shareholder approval for them and as a result the security held by the trustees must be released
  • Lehman Brothers Pension Scheme: for a number of Lehman companies who were targets of financial support directions (FSD) from the Pensions Regulator in proceedings to determine the insolvency status of liabilities under an FSD. This issue went to the Supreme Court given its importance. The case was subsequently settled for our clients
  • Nortel Pension Plan: for Nortel in Chapter 11 in the U.S. in a dispute over the Regulator’s imposition of FSDs and determination of the Trustees claims before the U.S. Bankruptcy Court. The case was settled for our clients
  • Eastman Kodak: we acted for this company in Chapter 11 and were involved in securing a novel settlement of $2.85bn pension liabilities in relation to its UK pension scheme

Find out more about the latest updates in the pensions litigation environment through Linklaters’ dedicated publications, Pensions Ombudsman Focus and Pensions Case Law Update.