Edward Sawyer

Pensions

Edward is recommended as one of the leading pensions juniors in Chambers & Partners and The Legal 500.

He has extensive experience of pensions litigation and advisory work, having appeared in a number of high-profile recent cases such as Mitchells & Butlers, Lloyds Bank Pension Scheme (GMP equalisation), Pensions Protection Fund v Dalriada, IBM, Nortel, Merchant Navy Ratings and many others. He has often appeared as advocate against silks on the other side.

Edward regularly deals with issues as to scheme funding, s75 debts, equalisation, rectification, trustee and employer duties, interpretation, insolvency, regulatory powers, PPF entry and professional liability, amongst other matters.

Edward has been involved in a number of the leading cases on Pensions Regulator proceedings such as the Bonas Group Pension Scheme and Box Clever. He has particular experience of cases concerning the Regulator’s “moral hazard” powers.

Edward has acted for many different types of client in pensions cases: trustees, employers, members / representative beneficiaries, public bodies and professional advisers/insurers. He aims to combine specialist technical knowledge with a practical and strategic approach.

His pensions practice also comprises pensions-related professional negligence claims.

Example cases:

• Mitchells v Butlers – acting for the successful claimant in a 3 week rectification trial.
• Lloyds Bank Pension Scheme – acting for trustee in two trials on GMP equalisation
• Pension Protection Fund v Dalriada – acting for the PPF in claim to resolve issues about the operation of the Fraud Compensation Fund
• Box Clever – acting for the targets in a claim by the Pensions Regulator for an FSD.
• IBM v Dalgleish – acting for the trustee in a claim to establish whether the employer had acted in good faith.
• Bloom v Pensions Regulator – acting for the trustee in an application to the Companies Court to determine the order of priority of a contribution notice upon insolvency.
• Re Merchant Navy Ratings – acting for the trustee in proceedings concerning the contribution rules of an industry-wide scheme.
• Bonas Group Pension Scheme – proceedings concerning the first contribution notice issued by the Pensions Regulator.
• Nortel (Canadian/US/UK proceedings) – acting for the trustee and the PPF in proceedings for an FSD and other claims.
• Hugh Mackay Retirement Benefits Scheme – application by the Pensions Regulator for the appointment of an independent trustee.

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Professional liability

Edward is recommended by The Legal 500 in the field of “professional negligence”.

Edward has considerable experience of professional negligence cases involving accountants, auditors, lawyers, actuaries and financial advisers. He has been particularly involved in cases regarding investment funds and pension funds, and in professional negligence claims arising out of fraud.

Representative work includes:

• Defending a major international auditor in respect of claims arising from collapse of a corporate group.
• Acting for pension scheme actuaries in relation to failed benefit equalisation.
• Defending a leading firm of accountants against claims of mismanagement of a high net worth individual’s investments.
• Proceedings involving claims of negligence and other misconduct against a City firm of solicitors in relation to advice on corporate governance and directors’ powers.
• Acting for a claimant in a claim against an actuary for negligent work on a FRS17 disclosure note.
• Defending an auditor in respect of claims arising from the failure of a film finance partnership.
• Proceedings involving claims of negligence against an accountant in respect of corporation tax advice on director’s loan account.
• Defending solicitors sought to be made vicariously liable for the fraud of their partner.
• Acting for the claimant in a claim against a major investment bank for breaches of the FSMA regulatory regime in the conduct of investment business.

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Trusts, probate and estates: contentious

Edward has been involved in many contentious and non-contentious cases involving trusts, probate and succession, both domestic and offshore. He has had particular experience in recent years of domestic trusts litigation and advisory work (much of it confidential in nature), while also working on heavy offshore trusts litigation. He has acted on behalf of trustees and beneficiaries and for and against professional advisers acting for the trust. Edward aims to provide practical client-focused solutions and, where litigation is necessary, a strategic and proportionate approach.

He is ranked as a leading junior in The Legal 500 in the field of “private client: trusts and probate”.

Recent cases include:

• Caldicott v Richards [2020] EWHC 767 (Ch) – claim for setting aside a self-dealing transaction by a trustee and for removal of trustees.
• McAllister v Herbert [2022] EWHC (Ch) – acting for administrator of an estate sued for personal liability for wrongful distribution.
• A v B – working on long-running trust litigation and appeal in Hong Kong concerning c£800m of assets. Issues raised include constructive trusts, sham gifts, undue influence, breach of fiduciary duty and challenge to validity of will.
• Re X Fund – acting for a representative beneficiary in a Court-approved compromise of trust proceedings in which a £30m campaign fund was transferred to a newly-created charity.
• Re Y Employee Benefit Trust – advising trustees of employee benefit trust in relation to application to Court for removal of an entrenched restriction on distribution from the articles of a company owned by the trust.
• Re N Golf Club – acting in Part 8 proceedings in the Chancery Division for members in dispute about ownership of a golf club allegedly held on the trusts of an unincorporated association.
• Defending former trustees (and their insurers) in proceedings for breach of trust for failing to collect a debt owed to the trust.
• Advising trustees of UK trust on incidence of expenditure between capital and income.
• Acting for ex-partner in TLATA 1996 proceedings concerning ownership of leasehold property.
• Assisting with preparation of evidence about ownership of discretionary trust assets for US arbitral proceedings.
• Advising beneficiary on claim against trust’s solicitors for failing to protect her interests under the trust.

Download Trusts, probate and estates: contentious CV