Wiltshire

0333 123 0321

West Yorkshire

01937 582041

Loss of pension rights (Litigation)

If you decide that you would like to consider instructing Actuaries for Lawyers to assist you in a case involving the loss of pensions rights or loss of earnings due to personal injury, unfair dismissal, negligence or as a result of some other litigation, the process by which this would take place is usually as follows:

Stage 1

Identify the Actuaries for Lawyers Office to contact. Please enter the post code of your office in the following box and then click on the “Identify contact office” button.

Post Code


Your case should be directed to the Actuaries for Lawyers’ Wetherby Office. Contact details can be found at the bottom of this page.

Stage 2 (optional)

If you wish you can phone us to discuss your case informally prior to sending in written papers. Note that we will not be able to discuss your case in detail at this stage. In particular if you are planning to instruct us on a joint basis we would recommend that written instructions be sent in initially as we would not be permitted to have separate discussions with either party under Civil Procedure Rules.

Stage 3

Send in a draft or provisional letter of instruction stating the type of loss calculation that you wish to be performed. There are a number of options here including

  • Loss of pension rights only
  • Loss of earnings only
  • Loss of pension rights and loss of earnings

In addition to this there are different types or report that are commonly requested

a) An “Advice Type” report

This would perform the loss calculations required and is suitable for negotiation purposes if you are attempting to reach a settlement prior making a formal application to the court. This report does not comply with Civil Procedure Rules and would not be suitable to be presented to the court.

b) An Expert Report

This is a more formal report which complies with part 35 of the Civil Procedure Rules and as such is suitable to be presented to the court as Expert evidence if required.

The loss calculations and issues that you require to be covered need to be clearly set out in the letter of instruction. We would also usually require copies of the following documents

  • Chronology of events leading the loss of pension rights/earnings
  • Last date of employment of the claimant
  • Copies of payslips from six months before the los event occurred up until the present time (if available)
  • Copy of the statement of deferred benefits issued to the claimant at the time he left service
  • Copy of the scheme booklet for the pension scheme
  • Confirmation of any part time hours worked (if relevant) and the percentage of normal full time hours which these represent.
  • Confirmation of the normal retirement and/or expected retirement age for the claimant had the loss incident not occurred.
  • Confirmation as to when the claimant might expect to be able to return to work (if known)

A copy of sample draft letter of instruction is included below to help you here if required.

Draft Letter of Instruction

Stage 4

We will write back to you to confirm the issues to be covered in a report. We would also confirm the cost and expected timescale to prepare a report. We may also ask for some or all of the following form to be completed.

Stage 5

If the case is to be a single instruction you need to check that your client is happy with the scope of the report, cost and timescale as outlined in the Actuaries for Lawyers’ letter. If the case is to be a joint instruction the above also needs to be agreed with the firm of solicitors acting for the other party. You then need to write back to Actuaries for Lawyers confirming that you wish to proceed with the preparation of a report as outlined above. On a joint instruction, this letter needs to be signed by both instructing parties.

Stage 6

On receipt of your confirmed instruction we will forward two copies of our “terms of engagement” to the instructing solicitor (or to both firms in the case of a joint instruction).

A sample copy of our terms of engagement is also enclosed below.

Terms of engagement

This can be downloaded but in this case as well as signing the form you must also complete the dates of
a) Your letter of instruction
b) Actuaries for Lawyers letter confirming fees and scope of the report in the relevant sections of these terms.

Stage 7

When you receive the “terms of engagement”, both copies need to be signed.

If you have received these terms directly from us then they will already be signed by Actuaries for Lawyers so you need to sign them also, keep a copy for yourself and return the other copy to us.

If you have downloaded these terms, then they will not yet be signed by Actuaries for Lawyers so you need to sign them, and send both copies back to us. We will then also sign both copies, retain one and return the other copy back to you.

Stage 8

Once signed terms of engagement have been received, we will commence any further data collection needed for the report to be prepared. The report will then be completed and sent to the instructing parties in due course.

Your case should be sent to the Actuaries for Lawyers’ West Yorkshire Office.

Postal Address
24 Victoria Street
Wetherby
West Yorkshire
LS22 6RE

DX Address: DX 16818 Wetherby

Phone Number: 01937 582041

Fax: 0870 094 1488

Email Address: paul.windle@actuariesforlawyers.com

Your case should be directed to the Actuaries for Lawyers’ Wiltshire Office. Contact details can be found at the bottom of this page.

Stage 2 (optional)

If you wish you can phone us to discuss your case informally prior to sending in written papers. Note that we will not be able to discuss your case in detail at this stage. In particular if you are planning to instruct us on a joint basis we would recommend that written instructions be sent in initially as we would not be permitted to have separate discussions with either party under Civil Procedure Rules.

Stage 3

Send in a draft or provisional letter of instruction stating the type of loss calculation that you wish to be performed. There are a number of options here including

  • Loss of pension rights only
  • Loss of earnings only
  • Loss of pension rights and loss of earnings

In addition to this there are different types or report that are commonly requested

a) An “Advice Type” report

This would perform the loss calculations required and is suitable for negotiation purposes if you are attempting to reach a settlement prior making a formal application to the court. This report does not comply with Civil Procedure Rules and would not be suitable to be presented to the court.

b) An Expert Report

This is a more formal report which complies with part 35 of the Civil Procedure Rules and as such is suitable to be presented to the court as Expert evidence if required.

The loss calculations and issues that you require to be covered need to be clearly set out in the letter of instruction. We would also usually require copies of the following documents

  • Chronology of events leading the loss of pension rights/earnings
  • Last date of employment of the claimant
  • Copies of payslips from six months before the los event occurred up until the present time (if available)
  • Copy of the statement of deferred benefits issued to the claimant at the time he left service
  • Copy of the scheme booklet for the pension scheme
  • Confirmation of any part time hours worked (if relevant) and the percentage of normal full time hours which these represent.
  • Confirmation of the normal retirement and/or expected retirement age for the claimant had the loss incident not occurred.
  • Confirmation as to when the claimant might expect to be able to return to work (if known)

A copy of sample draft letter of instruction is included below to help you here if required.

Draft Letter of Instruction

Stage 4

We will write back to you to confirm the issues to be covered in a report. We would also confirm the cost and expected timescale to prepare a report. We may also ask for some or all of the following form to be completed.

Stage 5

If the case is to be a single instruction you need to check that your client is happy with the scope of the report, cost and timescale as outlined in the Actuaries for Lawyers’ letter. If the case is to be a joint instruction the above also needs to be agreed with the firm of solicitors acting for the other party. You then need to write back to Actuaries for Lawyers confirming that you wish to proceed with the preparation of a report as outlined above. On a joint instruction, this letter needs to be signed by both instructing parties.

Stage 6

On receipt of your confirmed instruction we will forward two copies of our “terms of engagement” to the instructing solicitor (or to both firms in the case of a joint instruction).

A sample copy of our terms of engagement is also enclosed below.

Terms of engagement

This can be downloaded but in this case as well as signing the form you must also complete the dates of
a) Your letter of instruction
b) Actuaries for Lawyers letter confirming fees and scope of the report in the relevant sections of these terms.

Stage 7

When you receive the “terms of engagement”, both copies need to be signed.

If you have received these terms directly from us then they will already be signed by Actuaries for Lawyers so you need to sign them also, keep a copy for yourself and return the other copy to us.

If you have downloaded these terms, then they will not yet be signed by Actuaries for Lawyers so you need to sign them, and send both copies back to us. We will then also sign both copies, retain one and return the other copy back to you.

Stage 8

Once signed terms of engagement have been received, we will commence any further data collection needed for the report to be prepared. The report will then be completed and sent to the instructing parties in due course.

Your case should be directed to the Actuaries for Lawyers’ Wiltshire Office

Postal Address
P O Box 1509
Chippenham
SN15 5WJ

DX Address: DX 40364 Wootton Bassett

Phone Number: 0333 123 0321

Fax: 0333 123 0322

Email Address: david.lockett@actuariesforlawyers.com

 

Post code not recognised. Please note that Actuaries for Lawyers do not currently carry out business in Scotland or Northern Ireland due to the different legislation that applies in these regions.