Litigation

 

 

Part of my work over the last few years has involved acting as expert witness or otherwise providing legal support in dispute resolution proceedings or litigation relating to pension schemes.  My independent status means that I am free from the conflicts of interest which often prevent firms or individual actuaries from acting.  Past cases include the following:

• Acting as expert witness for one of the defendants to a class action claim in respect of disputed rights on the bulk transfer of several hundred employees between two occupational pension schemes.  This case reached the High Court (Hagan v ICI Chemicals and Polymers Ltd 2002)
• Acting as expert in a matter related to the disputed pension rights of a senior director of a private company (settled at mediation, 2002)
• Independent actuarial advice to a major plc in respect of litigation and rectification.  The matter arose from the failure of its advisers to adequately give effect to the equalisation of retirement ages following the Barber and Coloroll judgements in the ECJ.  The alleged losses ran to tens of millions of pounds.  The case went through mediation (unsuccessfully) and eventually ended with a settlement of £12 million.
• Actuarial support to a company in respect of a defective actuarial valuation of its occupational pension scheme which led to several million pounds worth of irrevocable benefit improvements being granted out of a surplus which subsequently transpired to be non-existent.  My role involved assistance at mediation and in the subsequent litigation.
• The settlement via arbitration of a dispute relating to incorrect application of early retirement factors in an occupational scheme, which gave rise to an overpayment of benefits of over £1 million. 
• Legal support for and participation in mediation to settle a £40 million claim against an actuarial firm in respect of inconsistent advice given by their actuarial and investment practices.  The matter settled at mediation.
• Loss assessment in respect of an actuarial firm's failure to implement new pension increase provisions within an occupational scheme and correctly to implement other changes intended by the sponsor.