Nicolas Stallworthy KC > Chambers of James Counsell KC and Keith Bryant KC > London, England > Barrister Profile

Chambers of James Counsell KC and Keith Bryant KC
Outer Temple Chambers
THE OUTER TEMPLE, 222 STRAND
LONDON
WC2R 1BA
England

Living Wage

Work Department

Pensions, Professional Negligence, Commercial and Chancery, Insolvency

Position

Barrister specialising in Pensions Law (particularly in relation to occupational pension schemes), Commercial Trusts and Contracts, Professional Negligence and Insolvency. Acted in: IBM UK Holdings Ltd v Dalgleish; Re Storm Funding Ltd (in administration); Re the Box Clever Pension Scheme; Re: Nortel and Lehman Brothers; Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd; Pensions Ombudsman v EMC Europe Ltd; IBM UK Pensions Trust Ltd v Metcalfe; Dalriada v Faulds; Dollond v The Trustees of the BTG Pension Fund; Bridge Trustees Ltd v Yates; Capita ATL Pension Trustees Ltd v Zurkinskas; Re the Lehman Brothers Pension Scheme; the Pilots National Pension Fund litigation – PNPF Trust Co Ltd v Taylor; HR Trustees Ltd v German & IMG (UK) Ltd; Capital Cranfield Trustees Limited v Beck; Foster Wheeler Ltd v Hanley; Hearn v Dobson; Smithson v Hamilton; Alexander Forbes Trustee Services Ltd v Clarke; Re the Sea Containers 1983 Pension Scheme; Trustee Solutions Ltd v Dubery & Cripps; Steria Ltd v Hutchison; Harland & Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd; Pinsent Curtis v Capital Cranfield Trustees Ltd; Stevens v Bell (the British Airways litigation); Hoover Ltd v Hetherington; and Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group Plc. Also involved in National Grid Co Plc v Laws. His cases have concerned interpretation; rectification; the setting aside of trustees’ deeds on grounds of mistake; maladministration and breaches of trust/fiduciary duty by trustees; tracing/restitution of trust property; pension scheme funding; equalisation; the distribution of surpluses; applications for Beddoe relief; pensions mis-selling; employer debts, insolvency and the winding up of pension schemes; the Pensions Protection Fund; and complaints to, oral hearings before and appeals from the pensions ombudsman. Also undertakes general chancery work (commercial and contractual litigation) and professional negligence cases (particularly relating to solicitors, actuaries, scheme administrators, benefits consultants and financial advisers).

Career

Nicolas Stallworthy QC was called to the bar in 1993 and took Silk in 2011.

His practice involves the interaction of commercial trusts, contract law, insolvency and professional negligence at very high levels of complexity and value.

He undertakes cases concerning the interpretation of trusts, contracts, financial instruments & legislation; and the application of trust principles in the broader commercial context. His professional negligence practice focuses on solicitors, insurance companies, benefits consultants, professional trustees, actuaries & investment advisers.

He also has extensive experience of regulatory cases under the pensions regulatory regime. His work is conducted in the Business & Property Courts, the Tax & Chancery Chamber of the Upper Tribunal and appellate courts.

Nick’s expertise is acknowledged by the legal directories. He is top-ranked by both Chambers & Partners UK (2020) and Legal 500 (2020) for Pensions. Chambers & Partners UK (2020) also ranks him for Commercial Chancery, and the Legal 500 (2020) ranks him for Professional Negligence.

Nick is called to the Bar of Northern Ireland (2010) and registered at the DIFC (2013). He is also a Head of Chambers (Deputy Head of the Business Team).

Memberships

Association of Pension Lawyers; Chancery Bar Association; Professional Negligence Bar Association; Commercial Bar Association; and Financial Services Lawyers Association.

Education

Christ Church, Oxford (MA BCL).

Lawyer Rankings

London Bar > Pensions

(Leading Silks)Ranked: Tier 1

Nicolas Stallworthy KCOuter Temple ChambersVery bright and extremely diligent, leaves no stone unturned.’

London Bar > Professional negligence

(Leading Silks)Ranked: Tier 2

Nicolas Stallworthy KCOuter Temple Chambers ‘Good with clients; amazing brain; finds solutions to problems.’

Outer Temple Chambers is active in professional negligence work concerning legal professionals and financial professionals in specific financial and regulatory contexts, particularly concerning pensions. James Counsell KC,  Nicolas Stallworthy KC and Lydia Seymour  are also active in claims against solicitors, administrators, and actuaries who advise on pensions schemes – Counsell KC being notable for his claimant-side work in this space.