NEGLIGENCE AND MISMANAGEMENT OF PENSIONS

For most people, every week a small portion of their wages is taken, at source and put towards their pension.

This usually involves the transfer of that portion of their wage to an external body who should manage the pension appropriately and professionally. Many years later that money, you hope, will have accumulated and grown into your pension.

Most people rely almost entirely on the expertise of their Pension Advisors and Fund Managers.

In return for managing and investing your hard earned wages, the pension fund and its Managers and associated staff receive handsome commission.

Unfortunately, despite one’s belief and hope that such funds are being managed appropriately and professionally, this is not always the case.  Many people have arrived at their hard earned retirement to find out that their pension is only a fraction of what it should be.

It is accepted that there is a risk involved when one hands over ones wages to a Pension Fund as the Pension Advisors and Fund Managers invest your contributions. However, one is entitled to expect that the investments will be wise, professional, educated and calculated decisions.  Sadly, this is not always the case.  Over the years, we have been consulted by a number of people who, on retirement, realised that their pension fund was almost non-existent.  It can be the case that these funds are not managed appropriately and that there may be negligence on the part of the Pension Advisors and Fund Managers.

In order to prove negligence, it is necessary to establish that no reasonable competent professional (Pension Advisors and Fund Managers), in the relevant field, at the relevant time, with the same qualifications and expertise, faced with the same circumstances, would have acted in the same way.  If that is proved, it is also necessary to establish what Lawyers refer to as “causation”. This links the professional negligence with the ultimate outcome.  In other words, it must be shown that the error resulted in the loss.  It is possible for a pension to be appropriately managed, but not grow, or in fact diminish.  This could be as a result of an economic downturn.  However, one would have to examine whether the Pension Advisors and Fund Managers should have known of the economic downturn and altered their investments appropriately.

There are strict time limits within which an action for professional negligence must be taken.  If the action is not bought within those time limits, the action may be precluded from proceeding further.  It is advisable to move sooner rather than later.

For more advice on this issue, you are advised to contact Jody Cantillon or a member of our team immediately in order to ascertain what specific time limits are involved in your case.  Contact us on 021 4275673 or e-mail us at info@cantillons.com.

Jody Cantillon

Partner

Experience

Jody is a Partner in our Litigation Department.

Having graduated from University College Cork in 2009, Jody completed his apprenticeship with a top litigation defence firm in Cork City and qualified as a Solicitor in 2014.

Prior to joining Cantillons Solicitors in 2016, Jody worked for a leading Dublin firm, specialising in the area of commercial litigation and dispute resolution. There he gained valuable experience in defending and prosecuting high end, large scale commercial disputes before the Commercial Court.