Departing pensions ombudsman attacks lawyers over 'avalanche' of time-wasting

ONE-SIDED CLAIMS: Farrand urges greater power for ombudsman to counter lawyers' tactics

Outgoing Pensions OmbudsmanJulian Farrand last week issued a parting swipe at lawyers representing respondents in disputes before him, accusing them of time-wasting and taking procedural points to extremes.Mr Farrand - who steps down from the position at the end of August after seven years - told the Gazette that respondents' lawyers use 'an avalanche of paper', confusing claimants, and making disputes too one-sided.

Mr Farrand is himself a solicitor.Lawyers frequently take every procedural point to extremes, he said, citing an ongoing case in which specialist pensions firm, London-based Sacker & Partners, is defending Legal & General.Legal & General has already brought a judicial review over the ombudsman's jurisdiction, and is now seeking another judicial review of Mr Farrand's decision to grant an extension of time which the firm's client argues is insufficient.This review will outlive Mr Farrand's term of office, and almost certainly be delayed while the new ombudsman - David Laverick, a solicitor who has worked in local authorities and mental health tribunals - takes over from him.Monica Coombs, the partner at Sacker & partners bringing the action, said it was inappropriate to comment about an ongoing case.

Mr Farrand suggested two reforms which could redress the one-sidedness of claims: giving the ombudsman power to fund cases brought by individual complainants from pension trusts in appropriate cases; and giving the ombudsman's office the right to review whether appeals on points of law from the ombudsman should be allowed.Some of these appeals are currently no more than an expensive waste of time, he argued, criticising one frequently offending and very well-known QC, whose legal team recently racked up 250,000 for a two-day hearing which 'failed to decide any substantive issue'.Mr Farrand will become an adjudicator on the Industrial Commission for the Supervision of Telephone Information - which polices adult chat lines among others - when he retires.He is also negotiating terms with a London university for a professorial teaching role.Jeremy Fleming