Brian Green KC

Head of Chambers

+44 (0)20 7306 0102 bgreen@wilberforce.co.uk

Call: 1980 KC: 1997

Practice overview

Brian is one of the leading KCs at the Chancery Bar who is consistently star and top rated in Chambers & Partners and The Legal 500, equally recognised and recommended for contentious and non-contentious work, and UK and offshore work. He is a past winner of Chambers & Partners’ Chancery Silk of the Year and STEP’s Barrister of the Year, and has featured as Lawyer of the Week in The Times and listed as one of the “Top 50 lawyers” in the UK by The Sunday Times.

He is highlighted in the directories and by clients generally for his: approachability and inter-personal and client skills; incisiveness, practicality, commercial judgment and business sense; ability to handle the largest and most complex matters; ability to grasp and make key points quickly and effectively. As Chambers & Partners put it: “the Rolls-Royce of chancery barristers,” “ fantastically impressive” on difficult questions. “Highly approachable” he is “a brilliant advocate, measured in his delivery”, “whom top-flight solicitors turn to time and again.” “He has complete mastery of his subject.“ “Masterful, definitely at the top of his form!”

With wide-ranging experience in Chancery matters Brian specialises in all aspects of commercial trusts and other property holding structures; pension schemes – occupational and public sector; and private trusts and estates.

Brian's expertise

Download Pensions CV

Pensions

Brian is consistently Star Rated in this practice area in the Chambers & Partners and Top Rated in The Legal 500.

Brian advises and appears in cases in all the major areas in this practice area. Recent leading cases in which Brian has appeared are:

Granada UK Rental and Ors v Pensions Regulator (“BoxClever”) (CA) – brought in to act on behalf of the Targets in the Court of Appeal on the reasonableness of the imposition of an FSD founded exclusively on facts and matters that pre-dated the legislation.
Safeway v Newton (CA) – secured a reference to the European Court (pending) on the question of whether Smith v Avdel prevented retrospective equalisation otherwise valid in domestic law (challenge to correctness of Harland Wolff v Aon).
Barnardo’s v Buckinghamshire (UKSC) – whether conditions for replacement of RPI were satisfied.
BT v BT Pension Trustee (CA) – whether conditions for replacement of RPI were satisfied.
Thales v Thales Pension Trustee – whether RPI could be replaced by CPI on the facts of that case.

Examples of other leading cases in which Brian has appeared are:

AMP v Barker – rectification.
Aon v KPMG (CA) – definition of money purchase schemes.
British Vita – relationship of express contributions’ covenants and scheme specific funding.
Equitable Life v Hyman (HL) – with profits funds.
Foster Wheeler v Hanley (CA) – equalisation.
Lansing Linde v Alber – rectification.
MNRPF Trustees v Stena & Ors – scope of amendment powers and propriety of their exercise in industry-wide scheme, definition of employer for S75 and scheme specific funding purposes.
PNPF v Taylor – definition of employer for S75 and scheme specific funding purposes.
Stena v P&O (CA) -scope of amendment powers.
Steria v Hutchinson (CA) – limits of estoppel in pension schemes.
Stevens v Bell (CA) – seminal case on construction of pension schemes.
Sea Containers, Telent, Nortel (Determinations Panel of the Regulator) – financial support directions.

Examples of prominent decided cases where Brian has been fully engaged as an adviser behind the scenes, or been briefed to appear where for settlement or other reasons he has not done so are:

Entrust v Prospect Hospice (brief for CA).
IBM – both rectification and good faith.
IMG v German.
Procter & Gamble v Svenska (brief for CA).
Nortel – adviser to EMEA.

Brian has extensive experience of Determinations Panel matters and is currently representing the Targets in several moral hazard cases.

Download Pensions CV

Star individual: Brian is fantastic, incredibly clever and thoughtful.
Chambers & Partners 2023
Brian combines expectational technical and intellectual ability with real pragmatism. Brilliant.
Chambers & Partners 2023
Brian is fantastic, incredibly clever and thoughtful.
Chambers & Partners 2023
Put simply, Brian is the leading pensions silk. He is breathtakingly impressive in every aspect of his work.
The Legal 500 2023
The Rolls-Royce of the Chancery Bar.
Chambers & Partners 2022

Brian's expertise

Download Trusts, probate and estates: contentious CV

Trusts, probate and estates: contentious

Brian is consistently star rated in the Chambers & Partners and Top Rated in The Legal 500.

Private trusts work covers the full range of trusts, estates and revenue related planning and practice, including:

The taxation of UK onshore and offshore trust structures, involving both out of court and in court arrangements
Variation of Trusts Act applications
Compromises and settlements
Construction and rectification proceedings
Trustee Act and Settled Land Act applications
Like proceedings in offshore jurisdictions

Commercial trusts work is exceptionally varied. Examples include advising:

Insurance company managers and custodian trustees on the governance and dispute resolution in the operation of real estate unit trust and related limited partnership structures faced with LTV and other related issues.
International bondholders concerned to maintain their non-subordinated status under custodian and other trust documents subjected to offshore insolvency proceedings.

Offshore work includes;

Ongoing advisory work in Australia, Bermuda, BVI, Cayman Islands, Guernsey, Jersey, and Hong Kong.
Appearances in the Hong Kong Court of Final Appeal and Court of Appeal, Supreme Court of Bermuda, Grand Court of the Cayman Islands, and BVI Court.
Recent advisory work has also involved trusts in the Bahamas, the Cook Islands, Gibraltar, Isle of Man, Mauritius and New Zealand.
Expert opinion work.

Offshore work routinely involves working with professionals in other jurisdictions, including the domiciliary jurisdictions of settlors, US grantors and/or beneficiaries – and Brian’s recent work has involved close association with Austrian, Canadian, Californian, New York and Swiss attorneys, often with a need to understand their relevant tax systems applicable to trust entities.

Download Trusts, probate and estates: contentious CV

He is absolutely outstanding. His advice is strategic, clear, helpful and proactive, whilst remaining user-friendly.
Chambers & Partners 2023
He is a class act and has a deep understanding of what it takes to win a case. Amazing.
Chambers & Partners 2023
Brian is truly a master of his areas of trust and tax and can deal with the greatest complexity.
The Legal 500 2023
Brian Green is a leading light and very talented trust lawyer. He is very experienced, hard-working, and is at the top of his game.
Chambers & Partners 2023
An extremely bright individual, who advises on the most complex and largest trusts cases.
Chambers & Partners 2023

Trusts, probate and estates: contentious insights View all thought leadership

Webchats
Let’s talk about trusts law: A discussion on the future of trusts law and upcoming trends
Brian Green KC interviews Emily Campbell about her experience as a trusts law barrister as they look to the future and consider and predict what might change in the private client area.
Brian Green KC | Emily Campbell TEP
Thursday 10 June 2021
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Webchats
Let’s talk about trusts law: A look back at the development of trusts law and what has changed over the years
Emily Campbell interviews Brian Green KC about his experience as a trusts law barrister as they look back over the years and consider what has changed in the sector.
Brian Green KC | Emily Campbell TEP
Thursday 27 May 2021
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