Nicolas Stallworthy KC KC > Chambers of James Counsell KC and Keith Bryant KC > London, England > Barrister Profile
Outer Temple Chambers Offices
Outer Temple Chambers
THE OUTER TEMPLE, 222 STRAND
LONDON
WC2R 1BA
England
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Nicolas Stallworthy KC KC
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 > Professional negligence
(Leading Silks)Ranked: Tier 2Nicolas Stallworthy KC –Outer Temple Chambers ‘Nicolas has considerable experience in advising on professional negligence claims against lawyers, particularly in the context of pensions advice. He can be relied on to fight his client’s corner with vigor and skill.’
London Bar > Pensions
(Leading Silks)Ranked: Tier 1Nicolas Stallworthy KC –Outer Temple Chambers ‘Nicholas’ advocacy is calm and persuasive – he makes you want to agree with him rather than needing to force points.’
Outer Temple Chambers is ‘a strong pensions set‘, and is well known for advising on pensions-related employment law matters. In a prominent case highlight, multiple members of the set – two silks and two juniors – appeared in Avon Cosmetics v Dalriada Trustees, in relation to an amendment being made to a pension scheme. The key issue of the matter focused on how to handle purported amendments to schemes made outside the scope of the amendment’s power, and when aspects of the amendment may invalidate the entire amendment. In a separate matter, Nicolas Stallworthy KC and Nicholas Hill acted in the notable BRASS Trustees v Goldstone and The Pension Protection Fund case, which involved the first reported approval of an application claim brought by a trustee to wind up the pension scheme’s sponsoring employers.