Home > Barristers > Fenner Moeran

Fenner Moeran

e-mail fmoeran@3sb.law.co.uk

Fenner has a broad based chancery / commercial practice with an emphasis on litigation. Whilst he has particular specialities in pensions and civil fraud and asset recovery, he also regularly acts in insolvency, insurance, property and general commercial matters.

Within the pensions field, he acts for trustees, employers, members and professionals in both litigation and advisory work. His work has in recent years ranged from litigation of misselling claims and professional negligence claims against actuaries and solicitors through to advising on occupational pension scheme wind-ups and interpreting the statutory provisions of the PPF.

Within the commercial chancery field his work in recent years has been focussed on civil fraud and dishonesty disputes, with particular emphasis on breaches of fiduciary duties and money laundering / asset recovery work.  With regard to asset recovery, Fenner has extensive experience of obtaining and defending freezing, search, disclosure and gagging orders. His clients range from international financial institutions, through regulatory bodies to individual financial traders and customers. 

Fenner practices in the following areas: general commercial litigation, civil fraud and asset tracing/recovery (including interim relief), insurance & reinsurance, regulatory (financial services and law society), contentious trust, insolvency (both personal and corporate), professional liability, pensions and general contract and debt disputes.

  • Professional reputation

    Fenner has been recommended for some years in Pensions in both Legal 500 and Chambers & Partners which says he is “well known to the industry as being someone who is exceptionally capable.” Particularly strong on the litigious side, Moeran was recently involved in Hodgson v Toray Textiles Europe, a matter concerning equalisation benefits. Commentators are keen to highlight his level of consciousness with regards to the wider pensions industry: “He is very well up to date and alive to a range of various issues.”

    Fenner is also recommended in Commercial Chancery in Chambers & Partners, which says he is “clever, sensible and approachable”.  Clients like working with him because he is “great at cross-examination and has a sound grasp of mathematical concepts.”

  • Notable recent cases

    Fenner’s recent cases include:

    • MCP Pension Trustees Ltd -v- Aon Pension Trustees Ltd [2009] EWHC 1351 (Ch).  Notice, knowledge and forgetfulness for Trustee Act 1925 s.27 advertisements.
    • re A.C. Skelton Pensions & Life Assurance Scheme, Capital Canfield Trustees Ltd v Beck [2009] PLR 71.  Equalisation of benefits in occupational pension schemes.
    • Chan Sui v Appasmy [2008] BPIR 18.   Setting aside a statutory demand on the basis of cross-demands and equitable set-off.
    • PNC Telecoms plc v Thomas & others [2008] 2 BCLC 95 Director's breach of fiduciary duties, relief from liability and conflicts of interest.  
    • Genesis Housing Group Ltd v McKibbin [2008] All ER (D) 51 (Jun).  Freezing orders and discharge by reason of material non-disclosure.
    • Powell v Benney [2007] EWCA Civ 1283.  Bargains, consensual arrangements and reliance in proprietary estoppel.
    • British Vita Unltd v British Vita Pension Fund Trustees Ltd & Anor – Dec 2007 – approval of compromise of [2007] EWHC 953 (Ch) – validity of contribution demands.
    • First Discount Ltd v Cranston [2007] All ER (D) 363 [2007] EWCA Civ 378  Court of Appeal.  Jurisdiction of the Court of Appeal to reopen an appeal 10 years after original judgment on allegation of fraud on bills of exchange
    • Federal Republic of Nigeria v Santolina Investment Co & others [2007] All ER (D) 103 [2007] EWHC 437 (Ch) Availability of summary judgment on allegations of corruption by state governor. 
    • Hodgson v Toray Textiles Europe Ltd [2006] All ER (D) 364 [2006] EWHC 2612 (Ch) and Hodgson v Toray Textiles Europe Ltd (2) [2007] All ER (D) 153 [2007] EWHC 444 (Ch) High Court.  Equalisation of benefits in occupational pension schemes.
    • Cornwell v Newhaven Port & Properties Ltd [2005] PLR 329 [2005] OPLR 277 High Court.  Pensions Act 1995 section 75 debts and actuaries certificates.

  • Professional membership

    Chancery Bar Association,
    Commercial Bar Association
    Association of Pension Lawyers

  • Publications

    Contributor to Palmer on Bailment (due for publication in 2009)
    Contributor to Tolley’s Pensions Law.

  • Education

    Fenner Moeran read Politics and Philosophy at Bristol University, before reading for his C.P.E. at City University.
    He was a Hardwick Scholar and Walter Wigglesworth Scholar of Lincoln's Inn.

  • Seminars and lectures

    Fenner lectures regularly on all aspects of trusts, pensions and commercial litigation. He will be lecturing in the near future on certain practical aspects of civil fraud investigations and recovery litigation. Recent talks include: