Ben Fairhead interviewed by Law360
Following his recent move to the firm, partner Ben Fairhead has been interviewed by Law360.
Ben explained why Arc was an excellent fit for him, stating: “Managing legal risk is a key part of everything Arc Pensions Law does, so it’s a great opportunity to bring my complementary skills to the mix. I’m excited to be part of the future of this forward-looking team of pension lawyers. Even in the space of a few days I can tell that the team at Arc Pensions Law has achieved the perfect balance between the infrastructure expected from a top law firm and fresh, innovative thinking, while also being fleet of foot when needed.”
He went on to discuss his practice, highlighting that he defends and pursues claims for trustees, providers and other advisers, and noted that this can include seeking directions from the court on unclear issues related to pension plan rules, handling professional negligence claims, dealing with financial ombudsman complaints and general advice to clients about preventing claims before they arise. He further detailed his particular expertise in pension scam cases, including advising on the current Transfer Regulations.
Ben added that his top priority is to bring a new perspective to risk management for Arc Pension Law’s clients, thanks to his commercial litigation background, commenting that “mentioning litigators often causes alarm, so I am keen to show that we can add value by looking at a problem in a particular way. We can often find a way to avoid involvement of the court or an ombudsman before a matter escalates. That said, my arrival will hopefully bolster Arc’s offering in the pensions space and ensure that clients can navigate their way through the minefield of disputes when they really need to.”
He also explained that the dynamic nature of the pensions landscape can present challenges to clients, with changes in case law, legislation and regulations cropping up regularly and affecting how schemes operate, noting in particular the growing trend of defined benefit schemes winding up, which leads to new risk considerations for both trustees and employers. He further highlighted that pension scheme members are increasingly being encouraged to pursue claims, in part by social media and claims management companies.
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