Berkeley Burke SIPP Administration Limited entered administration in September 2019 following landmark litigation over its duty of care to SIPP clients. If you held a Berkeley Burke SIPP containing non-standard assets such as Store First storage pods, you may be eligible for FSCS compensation.
Berkeley Burke SIPP Administration Limited was a SIPP operator that accepted a range of non-standard investments into client SIPPs, most notably Store First storage pods. The firm received approximately 1,700 complaints and faced a Financial Ombudsman Service determination that it should compensate a client who lost money in the Store First scheme.
Berkeley Burke challenged that FOS determination by way of judicial review, leading to the landmark case of Berkeley Burke SIPP Administration Ltd v Financial Ombudsman Service [2018] EWHC 2368 (Admin). The High Court upheld the FOS decision, finding that Berkeley Burke had failed in its due diligence obligations and had accepted unsuitable investments into client SIPPs without adequate assessment.
Following this ruling, Berkeley Burke entered administration in September 2019. A Group Litigation Order (GLO) was made by the High Court in January 2018, coordinating the claims of affected investors under joint lead solicitors. The FSCS subsequently declared the firm in default and has been paying compensation on eligible claims.
The correct route depends on whether the firm is still active, the nature of your loss, and whether FSCS compensation has already been paid on related adviser claims.
Berkeley Burke is in administration and does not process individual complaints in the normal way. However, if an FCA-regulated IFA who recommended your Berkeley Burke SIPP is still trading, a Route 1 complaint against that adviser remains available.
Against live adviser onlyIf a live adviser rejects your complaint, escalate to the FOS. The Berkeley Burke v FOS [2018] judgment confirms that FOS has jurisdiction over SIPP operator due diligence failures — this precedent supports FOS complaints against any operator in analogous situations.
Against live adviserBerkeley Burke has been declared in default by the FSCS. If you held a Berkeley Burke SIPP and suffered losses on non-standard investments, contact the FSCS or apply via Redress Advisory to establish your eligibility. Compensation is up to £85,000 per eligible person per firm.
FSCS claim — firm in defaultFor losses exceeding £85,000, civil litigation against surviving parties in the advice and introduction chain may allow uncapped recovery. GLO proceedings against Berkeley Burke have already established this as a live avenue for eligible claimants.
Uncapped recoveryThe legal framework governing SIPP operator liability has been substantially clarified by two Court of Appeal decisions. Options UK Personal Pensions LLP v Fletcher [2024] EWCA Civ 541 confirmed that SIPP operators owe active due diligence duties and may be liable where they accept unsuitable non-standard assets into client SIPPs without proper assessment.
Adams v Carey Pensions UK LLP [2020] (FSMA s.27) established that where a SIPP was set up through an unauthorised introducer, the contract may be voidable, enabling full restitution of invested funds regardless of the FSCS cap.
In parallel, Berkeley Burke SIPP Administration Ltd v Financial Ombudsman Service [2018] EWHC 2368 (Admin) confirmed that FOS has jurisdiction to make awards requiring SIPP operators to compensate clients for due diligence failures — and that courts will not readily overturn such awards on judicial review.
SIPP operator claims are subject to the same DISP and Limitation Act deadlines as adviser claims. FSCS claims must also meet prescribed eligibility windows.
FSCS claims against Berkeley Burke may be subject to FSCS eligibility time windows. Limitation Act provisions also apply to any civil litigation. Check the current position promptly — see time limits guidance.
Redress Advisory assesses your position across all four routes and connects you with an SRA-regulated solicitor at no upfront cost.
Begin Your AssessmentYou do not need to use a claims management company to pursue a pension mis-selling complaint. You can complain directly to the financial firm, escalate to the Financial Ombudsman Service (FOS), apply to the Financial Services Compensation Scheme (FSCS), or instruct a solicitor independently — all free of charge. Using Redress Advisory does not improve the likelihood of success compared to pursuing a claim yourself, and our fee will reduce any compensation you receive.
Redress Advisory Ltd (Company No. 17295681) is a claims management company. Regulated legal work is carried out by our Operating SRA Partner solicitor firms. We are not a firm of solicitors and we do not provide legal advice.
The information on this page is for general informational purposes only. It does not constitute financial, legal, or claims management advice. Individual outcomes depend on the specific facts of each case. Historical outcomes in related cases are not a guarantee of results in your case.
FOS: 0800 023 4567 | FSCS: 0800 678 1100 | FCA Register: register.fca.org.uk