30 June 2005
The first case to be referred by the Pensions Ombudsman to a
joint Association of Pension Lawyers ('APL')/The Pensions Advisory
Service ('TPAS') Mediation Scheme has resulted in a successful
conclusion.
The case, details of which are confidential, was referred to the
Ombudsman in November 2001 and had proceeded through two markedly
different sets of preliminary conclusions.
In April 2005 the Ombudsman suggested that the parties try
mediation through the APL/TPAS Scheme. It took just over a month
for the parties to agree to mediate. The APL was then able to
provide the services of Mr Christopher Nugee QC on a pro bono
basis. The mediation was held within one month of the agreement to
mediate and resulted in a settlement being reached within the three
hour fixed time limit.
Giles Orton of Eversheds, Chairman of the APL Litigation
Committee (who was also involved for one of the parties to the
mediation) states "The APL Litigation Committee is delighted that
this initiative has got off to such a successful start. We are
concerned at the number of cases that are spending years in the
Ombudsman's office without reaching a conclusion. We hope that this
pro bono service from the APL will assist the Ombudsman with the
backlog, support TPAS and enable parties to disputes to reach
quicker and more satisfactory negotiated solutions."
Des Hamilton, Technical Director of TPAS states "TPAS is pleased
at this early success for this initiative. We are encouraging
parties to disputes to use this mediation scheme where appropriate.
It has great potential to deliver quicker resolution of disputes in
many instances and to take some of the pressure off the Ombudsman's
office."
For further details contact Giles Orton on 020 7919 4739.
