Home > Barristers > Sarah Asplin QC

Sarah Asplin QC

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

Sarah has a Chancery practice, specialising in Pensions and related Professional Negligence and Trust and Probate disputes, comprising High Court litigation and advice.

Sarah’s pensions experience ranges from advising government departments and public bodies, to litigating multi-million pound funds, all the way through to individual high value pension arrangements.

She advises public bodies, employers, trustees, representative beneficiaries, trades unions and insurance companies in all aspects of pensions law including construction and rectification of scheme documentation, recovery of misappropriated assets, challenges to the exercise of discretion by trustees, questions relating to section 75 debts and debt and company reconstructions.

Her work covers transaction advice, legislation and public policy, ‘non-contentious’ construction litigation and contentious traditional professional negligence litigation of solicitors, actuaries and financial professionals.

She is consistently instructed in matters involving the Pensions Regulator and the PPF by whom she has been instructed. She is also regularly involved in transactional/restructuring matters involving the Pensions Regulator and the application of the moral hazard provisions both within the jurisdiction and extra-territorially and has appeared before the Pensions Regulator's Determinations Panel.

Further in 2008, in her capacity as a Deputy High Court Judge, Sarah heard Bridge Trustees Ltd v Yates [2008] EWHC 964 (Ch) [2008] PLR 345.

At present she is also instructed in litigation concerning the Crown Guarantee to the BT Pension Scheme and the litigation as to construction and equalisation as a consequence of the Pensions Regulator's exercise of his powers in relation to the Seacontainers Pension Scheme.

  • Professional reputation

    Sarah is recommended as a leading silk in the Pensions category in Chambers UK 2010 and described as having "a razor sharp mind" and a "remarkable ability to grasp complex pensions issues at short notice." It also states that she is "pragmatic and commercial" and "can explain difficult concepts in an accessible way." "Clients love her as a result."

  • Notable recent cases

    Sarah’s recent cases include:

    • The PNPF Trust Company Ltd v Taylor & Ors [2010] - construction both of the rules and statute in a complex nationwide occupational pension scheme
    • Smith & Ors v Nalco Ltd & Ors (2007) - approval of compromise of construction of pension scheme rules and rectification claim.
    • British Vita Unltd v British Vita Pension Fund Trustees Ltd & Anor (2007) EWHC 953 (Ch) - approval of compromise - validity of contribution demands.
    • Telent plc Determination Panel November 2007 - use of s7(3)(c) Pensions Act 1995 powers to appoint trustees to pension scheme: conflicts of interest.
    • Hodgson & Ors v Toray Textiles Europe Limited [2006] EWHC 2612(Ch) - construction and estoppel issues arising from the purported equalisation of benefits as a result of the Barber judgment, including the effect on the payment of non-Barber benefits.
    • In re the Estate of Ivor Andrew Loftus deceased sub nom Green & ors v Gaul & ors [2005] 2 All ER 700 7 ITELR 640 and [2006] 4 All ER 1110(CA) and 9 ITELR 107 - administration of estates, trusts, removal of personal representative, breach and limitation.
    • Xchanging Global Insurance Systems Ltd & Ors v Clark & Ors (Nov 2005).  Successful application for rectification of a pension scheme.
    • T&N litgation (2004) position of UK pension schemes in relation to US Chapter 11 proceedings relating to parent company.
    • AGCO Ltd v Massey Ferguson Works Pension Trust Limited [2003] PLR 241 (HC + CA) - the construction of the rules of a major pension scheme in relation to the issue of redundancy and early retirement.
    • Chessels & Ors v British Telecommunications & Ors [2002] PLR 141 - the consequential directions and the issue of costs and permission to appeal, in Spooner, mentioned below.
    • Re Owens Corning Fibreglass (UK) Ltd [2002] PLR 323 - the approval of a compromise between trustees and employer, without joinder of representative defendants.
    • Needler Financial Services Limited v Taber [2001] PLR 251 - "windfall profits", compensation for pensions mis-selling and Financial Services regulation;
    • Bestrustees v Stuart & anor [2001] PLR - concerning the effectiveness of announcements and rule changes undertaken in an attempt to comply with the Barber decision.
    • Equitable Life Assurance Society v Hyman [2000] 3 WLR 529, (HC, CA + HL) - relating to the validity of the Society's bonus strategy, the operation of its with profits fund and the construction of certain retirement annuity policies; and
    • Spooner & Ors v British Telecommunications plc & Ors [2000] PLR 65 - concerning the benefits payable on redundancy under the BT Pension Scheme and its interaction with the Principal Civil Service Pension Scheme.   


    Advisory Work includes:

    • advising in a particularly high profile company and pensions reconstruction on behalf of TH Global plc which has affected the Pensions Regulator's policy and included issues of apportionment of section 75 debts
    • advising in the high profile T&N UK/US insolvency
    • advising in matters arising out of the provisions in the Pensions Act 2004 including those arising on company acquisitions and reconstruction in the light of their pensions obligations. Such matters necessarily include the involvement of the Pensions Regulator in relation to clearance processes, relevant funding issues and the reduction of benefits.
    • advising the Pensions Regulator upon the construction of legislation and regulations in relation to stakeholder pensions
    • advising the PPF
    • advising the UK Ministry of Defence in relation to the Gurkha Pension Scheme
    • advising high profile insurers in the wake of the Equitable Life case and in relation to "orphan funds" 
    • consulting as part of an APL team, with the Department of Work and Pensions in relation to aspects of the new Pensions Act.

  • Publications

    “Dispute resolution and Pension Scheme Litigation” chapter in Tolleys Pensions Law jointly with Charlotte Edge

  • Professional membership

    • Chair Bar Council Fees Collection committee
    • Chair Bar Council Implementation committee
    • Bencher Gray’s Inn
    • Association of Pension Lawyers
    • ACTAPS
    • Chancery Bar Association.

  • Judicial appointments

    Sarah sits as Deputy High Court Judge of the Chancery Division.

  • Seminars and lectures

    Sarah lectures on all aspects of her practice both in Chambers and at venues around England and Wales (including her solicitors’ offices) and abroad. Recent talks include: