Frances Ennis

Solicitor, Head of Litigation and Regulation, Bellwether Green

Frances is commercial litigation lawyer with significant experience, appearing in courts throughout Scotland.

A substantial part of her practice has involved advising clients including trustees, employers and employees in relation to all major aspect of pension scheme administration. She has acted in the following cases:-

Low & Bonar -v- Mercer [2010] CSOH 47

SSSPF -v- Pattison & Sim [2015] CSIH 96

Scottish Pension Fund Trustees -v- Marshall Ross & Munro [2018] CSIH 39

Cunningham -v- Pensions Ombudsman [2019] CSIH 48

Frances has extensive experience in contentious pensions issues from recovery of Fund overpayments and section 75 debts to interpretation and rectification of Scheme documentation, advice on pension liability in employer restructures and fund insurance.

She has represented clients on contentious pension issues on a wide variety of sectors including Government schemes, quarrier and aggregate and global manufacturing companies as well as investment trusts. She also acts in relation to personal pension disputes, including involving FURBS and SIIPS.

She has represented clients on a variety of matters in financial service actions including contractual and professional negligence disputes. Previous advice includes successfully acting for a client on appeal in relation to the transfer of pensions liability between partnerships.

Contributed to

2

Pensions litigation in Scotland

Practice notes

This Practice Note covers (in relation to Scottish pensions law) the key aspects of Scottish pensions litigation, including limitation periods (known as prescription in Scotland) and the Scot courts’ approach to any requirement for a deed, rectification, constructive interpretation and amendment formalities, including the omnia rite presumption (also known as the presumption of regularity). This Practice Note also considers the ‘bigger picture’ approach taken in terms of a changing partnership’s continued pension funding liability.

Pensions