Seen by clients as ‘leaders in pensions claims’, Outer Temple Chambers handles a broad range of pensions work, synchronising with the set’s reputation for employment work. The set had four members – Philip Stear, Patrick Tomison, Nicolas Stallworthy KC, and Andrew Short KC – involved in one of the largest pensions cases of late, Virgin Media Ltd v NTL Pension Trustees II Ltd. Dealing with the wider question of if section 37 of the Pension Schemes Act of 1993 invalidated amendments made without an actuary’s certificate. This year, three of the six counsel involved in the ’massive Part 8 action’ Verity Trustees Ltd v Wood & Save the Children Fund, Re: The Pensions Trust are from Outer Temple: Nicolas Stallworthy KC, Victoria Brown, and Andrew Spink KC. The case, proceedings for a multi-employer scheme with nearly 3,000 employees and £13bn in assets, is the longest submissions-only trial in the area.
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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).
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Testimonials
Collated independently by Legal 500 research team.
- The clerks are attentive and always on hand to offer suggestions for Counsel. Matt Sale is excellent.
- The clerking for pensions is led by Matt Sale, in parallel with Nicholas Levett and Lexie Johnson - they are quick, responsive and reasonable and entirely approachable and collaborative. They are the easiest of clerks to deal with.
- Outer Temple is a pensions powerhouse. All the barristers in the pensions team are approachable and lovely to work with.
- They are user-friendly, commercial and act collegiately with instructing solicitors, in addition to being super switched on and tech-savvy.
- A go-to Chambers for pensions advice. Strength in depth at all levels for pensions.
- Outer Temple remains one of the best for pensions litigation work.
- Outer Temple's pensions counsel is particularly good - their training programmes are informative and topical.
- One of the two heavyweight sets on pensions. They have built a very successful team over the last decade, with great quality and strength in depth.
- OTC are a great pensions set. They offer a wide variety of counsel, and can suit any needs in any circumstances.