Mark Smith – Partner
5 New Street Square
London EC4A 3TW
United Kingdom
DX 41 London
Tel. +44 (0) 20 7300 4090
Fax. +44 (0) 20 7300 7100
e-mail
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Mark is a partner in the Employment and Pensions practice croup and he specialises in pensions law. He is recognised by Legal 500 and Chambers Directory and described as having the “ability to understand the issue, and present it in a way that we can understand, while being thoughtful in terms of offering alternative strategies; he thinks outside the box." – Chambers 2013.
Mark is experienced at advising employers and trustees on the full range of pensions issues. He has acted in relation to a wide range of schemes, including those of FSTE 100 companies, public sector bodies and charities. He has also acted as a trustee of various schemes through a trustee company.
Mark's recent work includes:
- successfully defending three companies in the Lehman Brothers Group against a proposed financial support direction from the Pensions Regulator.
- acting for a professional trustee company in its investigations into alleged frauds by previous trustees of several schemes, its court claims in that regard and action to recover the assets of the schemes (Independent Trustee Services Limited v GP Noble Trustees Limited and Others).
- acting for a professional trustee company in a seminal case clarifying the extent to which the existence of the Pension Protection Fund affects trustees' duties, powers and decision-making (Independent Trustee Services Limited v Hope and others).
- advising employers and trustees in relation to closing schemes to new entrants and accrual, capping pensionable pay, pension increase exchange exercises and other steps to reduce pension liabilities.
- advising employers and trustees on scheme funding and investment issues, including the use of contingent assets.
- advising employers and trustees as to whether steps taken to 'equalise' normal retirement ages and benefits as between men and women are fully effective and how to proceed in relation to "GMP equalisation".
Mark is a member of the Association of Pension Lawyers (APL). He is a regular speaker at pensions events and courses, including those organised by the APL and by commercial training companies. Mark has also had a number of articles published.
