Outer Temple Chambers

Pensions, Professional Negligence, Commercial and Chancery, Insolvency

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).

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).

Association of Pension Lawyers; Chancery Bar Association; Professional Negligence Bar Association; Commercial Bar Association; and Financial Services Lawyers Association.

Christ Church, Oxford (MA BCL).