Nigel Giffin KC is a barrister at 11KBW Chambers. He specialises in public law and public procurement law, and has a particular interest in the public law aspects of pensions. He has advised on many aspects of the LGPS and other public service schemes, and has appeared in cases such as FBU and BMA v HM Treasury (employer cost cap and McCloud remedy costs), Enterprise Managed Services (retrospective change to rules on LGPS exit credits), Palestine Solidarity Campaign (challenge to guidance on foreign policy issues and investment decisions), Harvey v Haringey LBC (Article 14 discrimination and survivor pensions), FDA v Secretary of State for Work & Pensions (validity of change from RPI to CPI), EMC Europe (limits of Pensions Ombudsman jurisdiction), Industry-Wide Coal Staff Scheme (alleged error in drafting of indexation provision), and a number of cases involving PPF benefits and the PPF levy.

Nigel’s various opinions for the Local Government Association on the fiduciary and public law duties of LGPS administering authorities, non-financial factors in investment decisions, and the extent to which the law might require disinvestment from states or companies alleged to be complicit in war crimes, have been published and widely discussed, and his earlier advice was cited in the Law Commission’s report on fiduciary duty and investment.