保险和再保险
Insurance Act 2015: the issues the market is grappling with
Claims against actuaries and employee benefit consultants can give rise to complex issues, where problems have lain undiscovered for years.
Our professional lines team work closely with pensions teams work to provide joined up [coverage and claims] advice and we are able to combine technical excellence with deep-rooted knowledge of the pensions industry.
Our experience of pensions related professional negligence claims includes issues such as:
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
Advised a group of several Consultant Sedationists in relation to their grouping under the banner of "Sedation Solutions". This involved the incorporation of the new LLP (and a related limited company), advising the parties in relation to the LLP Agreement, advising the LLP in relation to the acquisition of several medical practices, preparation of personal guarantees of the Members, and all related matters (including preparation of terms and conditions, licence to occupy premises, and...
Advised an accountancy firm on their PI submissions regarding the FRC investigation into previous employee. We also investigated the background as to why our client went insolvent
The FSA led an investigation into operations systems and controls (FS regulated advice). This raised questions regarding the nature and extent of our client's cover. We were therefore required to advise as to the adequacy of this cover. We then assisted with the transition of our client into another accountancy firm.
Advised on the Incorporation of an accountancy business, including transfer of the business from the partnership to a new company and preparation of a shareholders agreement.
Advised an individual in relation to their investment in an LLP. Our role included the incorporation of the LLP, advice in relation to the preparation of the LLP Agreement, preparation of senior and junior debt documentation and all security documentation, and all ancillary documentation (including consultancy agreements, management agreement, and all members' resolutions etc).
Advised our client on a number of complex employee/partner related matters arising out of the merger of two accountancy firms, and subsequent restructuring, which included a TUPE transfer of the business. The merger triggered exits from 6 teams of partners and their staff at 6 different locations across the UK. We provided urgent advice to the newly merged entity in relation to the protection of its business interests.
Acting for a major accountancy in relation to a liquidation of a stockbroking company. In relations to a multi-million pound negligence claim
Transfer of the business of an accountancy practice from a partnership to an LLP, including an LLP Members agreement and rebranding
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