Oliver Hilton
Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.
As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.
Experience and Expertise
Oliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and Dependants) Act 1975 claims and real property related litigation, including constructive trusts, proprietary estoppel and co-ownership disputes (both in the commercial and domestic context) as well as personal property.
Oliver regularly advises and acts for trustees, personal representatives and beneficiaries on all issues that may arise during administration of trusts/estates/pension schemes, including questions of construction, distribution, the exercise of administrative and dispositive powers and Beddoe applications. He has gained a wealth of experience in drafting complex and intricate wills, trusts, pension documentation and associated instruments, as well as applying for variation of the same.
Oliver’s practice also includes dealing with the consequences of mistakes in relation to the creation of, amendments to and administration of wills, trusts and pension schemes, both in the context of rectification/rescission and removal from office.
Oliver's practice compliments his considerable expertise in pensions related matters, having acted and advised in relation to pensions liberation schemes, amendments to trust deeds, pensions administration, trustee disclosure, the winding up of schemes and the interaction between bankruptcy and pensions.
Oliver's trusts and estates expertise also encompasses charities and tax and professional negligence related matters.
A significant proportion of Oliver's chancery practice is commercial in nature. Fraud and asset tracing and recovery in particular form an important part of Oliver's practice. He also acts regularly in relation to company and shareholder disputes (including unfair prejudice petitions), partnerships, insolvency, business contract disputes, guarantees and finance related matters.
Practice Areas
Panels
- Case Analysis Panel
- Contributing Author
- Q&A Panel
Qualified Year
- 2002
Membership
- Chancery Bar Association
Qualification
- LLB (Hons), Kings College London
Education
- Kings College, University of London
10 Contributions by Oliver Hilton
PRACTICE NOTES
Appeals against Pensions Ombudsman determinations: High Court (Chancery Division) and Court of Session procedures, grounds of law, orders, costs and judicial review
Refer to our Practice Note: Pensions Ombudsman determination tracker for the key determinations by the Pensions Ombudsman we’ve covered...
Family
PRACTICE NOTES
Costs in pension scheme disputes: trustee indemnity, CPR 46.3, Re Buckton categories and Beddoe orders across courts, the Pensions Regulator and the Pensions Ombudsman (England and Wales)
Pension scheme disputes—jurisdictions for resolution
Disagreements about pension schemes can be settled in three distinct forums, each operating its own rules on costs:
the courts
the Pensions Regulator
the Pensions Ombudsman
The courts
Many pension issues are pursued through the civil courts. Claims, particularly those concerning occupational schemes constituted as trusts and supervised under the court’s inherent jurisdiction, are allocated to the Chancery Division of the High Court, specifically the Pensions Sub‑List of the Business List (BL (Ch)) within the Business and Property Courts of England and Wales. Such matters are commonly brought by trustees, the scheme employer or beneficiaries to resolve questions about the governance or administration of the scheme’s trusts.
The Pensions Regulator
The Pensions Regulator has a broad supervisory mandate and may take a proactive, interventionist stance towards employers, trustees and associated persons to protect pension scheme funds. Actions taken by the Regulator under its statutory powers can lead to proceedings before the High Court, which fall within the Pensions Sub‑List of the Business List (BL (Ch)) of the Business and Property Courts...
Pensions
PRACTICE NOTES
Legal professional privilege in pensions: scope, exceptions and procedure before the courts, the Pensions Ombudsman and the Pensions Regulator
When is privilege relevant?
Privilege is a core constitutional right at common law that permits a person to refuse, resist or object to being compelled to disclose information or to produce a document for someone else. Issues of privilege commonly arise in disputes before the Court or the Pensions Ombudsman, because privilege can justify keeping back a document that is otherwise disclosable from the normal inspection or production process. Operating as a rule of procedure and evidence, it prevents privileged material from being adduced and can also stop a witness from being obliged to answer questions about it. It is equally a rule of substantive law, meaning that:
it allows a person, beyond civil proceedings, to object to any demand for privileged material
...
Pensions
PRACTICE NOTES
Pensions Ombudsman complaints: jurisdiction, eligibility, IDRP, Resolution Team and adjudication (lead/expedited), determinations, enforcement and appeals
Following the handover of The Pensions Advisory Service (TPAS)’s dispute resolution function to the Pensions Ombudsman on 19 March 2018, the Pensions Ombudsman now provides two avenues for resolving disputes:
an informal route run by the Pensions Ombudsman’s Resolution Team (for more detail, see Resolution Team, below), and
its normal adjudication service
Unless indicated otherwise, this Practice Note concentrates on the Pensions Ombudsman’s adjudication service. In particular, it considers the steps taken before, during and after a complaint is brought to the Pensions Ombudsman under that adjudication route, together with the conduct of an investigation by the Pensions Ombudsman. We have reported on key Pensions Ombudsman determinations arising from the adjudication service. For additional details, see: Pensions Ombudsman determination tracker.
Legal framework for making complaints to the Pensions Ombudsman
As a statutory creation, the office of the Pensions Ombudsman is established and regulated by sections 145 to 152 of the Pension Schemes Act 1993 (PSA 1993) (as amended)...
Family
PRACTICE NOTES
Rectification of Pension Scheme Deeds and Rules: Principles, Evidence and Procedure in England and Wales
The need for rectification
Errors frequently creep in when preparing pension scheme papers, altering them, or noting the use of trustees’ powers. DIY fixes are typically unavailable, as these errors cannot, in general, be cured after the event via the scheme’s amendment power where that would prejudice accrued entitlements to the amendment date or alter tax treatment. That is so because ss 67–67I of the Pensions Act 1995 (PA 1995) broadly bar harmful changes to members’ subsisting rights unless the member agrees or an actuary certifies those rights have been preserved. Moreover, a mistaken alteration of a pension scheme’s governing provisions may inadvertently impair members’ subsisting rights, with the result that, without an appropriate remedy, the change would be void or voidable (depending on the nature of the alteration and, given the changes to s 67 over time, when it occurred) for contravening s 67 and/or under a limiting proviso in the scheme’s amendment power, as demonstrated in Mitchells & Butlers Pensions v Mitchells & Butlers...
Pensions
PRACTICE NOTES
Representation orders in pensions litigation under CPR 19.9 and Part 64: appointment, scope, duties, costs and settlements (England and Wales)
Pensions disputes are frequently intricate and expensive, drawing in multiple participants, throwing up a wide range of questions and, in the end, dealing with very large sums. The result can bear upon the rights and interests of scheme members. Because many schemes have large memberships, and different groups may have competing interests in the outcome, it is generally impractical to join every member. In practice, representative beneficiaries (‘rep bens’) are used as a procedural and pragmatic device to simplify pensions litigation and are a routine element of most claims. That label can mislead, since individuals who are neither within the represented class nor beneficiaries at all may act in that representative role. This Practice Note addresses the making of representation orders in pensions litigation...
What is a representative party?
The representative rule originated in the procedure of the Court of Chancery before the Supreme Court of Judicature Act 1873, and is now contained in rules 19.8 and 19.9 of the Civil Procedure Rules (CPR). Note that those provisions...
Pensions
PRACTICE NOTES
The Pensions Ombudsman: Jurisdiction, Powers, Remedies, Limits, Enforcement and Procedure (including overpayment recovery, FOS overlap and time limits)
FORTHCOMING CHANGE :
The Pension Schemes Bill, anticipated to obtain Royal Assent in 2026, among other measures, would confer on the Pensions Ombudsman powers mirroring those of a competent court where pension overpayments must be recouped. As a result, trustees would no longer need to seek County Court orders in these matters, thereby cutting legal spend, easing administrative effort and promoting a swifter, more streamlined recovery for schemes and members, and ensuring a more efficient process overall. For more detail, see LNB News 05/06/2025 42 and Pension Schemes Bill—tracker — Pensions Ombudsman and overpayments.
This Practice Note reviews the scope of the Pensions Ombudsman to handle occupational and personal pension complaints and disputes under its adjudication function, covering:
who may bring or refer complaints/disputes
which complaints/disputes fall within or outside its remit
the powers he can exercise when determining matters
relevant time limits
Collectively, these areas define the Ombudsman’s jurisdiction under its adjudication service for both occupational and personal pensions. Note that, following the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution function to the Pensions Ombudsman on 19 March 2018, the Ombudsman also provides an informal resolution route led by its Resolution team, alongside its standard adjudication service...
Family
PRACTICE NOTES
Trustee discretionary decisions in UK occupational pension schemes: legal principles, process, reasons, and avoiding Pensions Ombudsman and court challenges
THIS PRACTICE NOTE APPLIES TO TRUSTEES OF ALL PENSION SCHEMES
A power is the legal capacity granted to a person to manage or dispose of property that is not their own. In trust-based occupational pension schemes, trustees are typically given such powers, and legislation also bestows powers upon them. These powers provide trustees with discretion and choice, and in the trust context they are usually classified as administrative or dispositive.
Dispositive powers commonly seen in pension schemes cover:
Early retirement and ill-health early retirement
Death-in-service benefits
Increases to benefits, including annual pension increases and revaluation of deferred pensions
Acceptance of transfers into the scheme
Application of any surplus on winding-up
Schemes generally also contain amendment powers concerning the trust deed and rules. Sometimes a power is vested solely in the trustee; others are exercised jointly with the employer or depend on the employer’s consent. The exercise of powers is subject to express and statutory limits, and scheme provisions often stipulate the procedure and conditions for exercising particular powers...
Pensions
PRACTICE NOTES
Trustees’ non-fettering duty in occupational pension schemes: meaning, consequences, recognised exceptions, policy-setting and estoppel, with practical applications for common trustee discretions
This Practice Note examines the limits of the trustees’ duty not to fetter their discretion. It should be read alongside the Practice Note: Discretionary decisions—what must pension trustees do?, which looks more generally at how trustees should exercise their discretions.
What does the duty mean and what are its consequences?
A fetter is a curb, a restraint, or a means of keeping someone within bounds. In pensions, the expression is often used for express or statutory limits placed by the setlors/parliament on the use of a power, eg conditions for the valid exercise of a power of amendment. That is not our concern here (for more, see Tolley’s Pensions Law Service, para F1.9).
This Practice Note instead addresses fetters arising from trustees’ own acts when wielding their powers. The core principle is that, in exercising a fiduciary power, a trustee must reach a judgment having regard to the circumstances as they exist at the time. Accordingly, trustees cannot jump the gun by committing themselves (or their successors) now as to how their powers will be used in future. They are therefore prevented from surrendering their...
Pensions
PRECEDENTS
Precedent trustee board minutes for exercising scheme powers and discretions in occupational pension schemes
1 Conflicts of interest
[ No conflicts of interest were reported before, or at the start of, the meeting OR [ Insert name ] declared a conflict of interest relating to [ Insert details ] ]. The Trustees agreed to disclose any [ other ] conflict if it arose during the meeting.
2 Notice and quorum
It was confirmed that due notice had been issued to all of the Scheme’s Trustees, the meeting was duly convened, and a quorum was in attendance. [ Insert name of chair of the Trustees ] (the Chair) declared the meeting open.
3 Apologies
[ No apologies for absence were received OR [ Insert name ] sent [ his OR her ] apologies for [ his OR her ] absence. ]...
Pensions
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