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27 March 2010
Issue: 7410 / Categories: Legal News
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Expats lose human rights appeal in pensions case

British expats are not entitled to have their pensions index-linked, the European Court of Human Rights has ruled

In Carson and Ors v UK (App No 42184/05), 13 claimants argued their state pensions should be up-rated to bring them in line with pensioners living in the UK.

They claimed the difference in treatment amounted to discrimination and breached Art 14 of the European Convention on Human Rights.
Some 500,000 pensioners living abroad would benefit from up-rating.

However, the court found they were not in the same position as pensioners retiring in the UK or in a country with which the UK has a reciprocal agreement.

There were too many economic and social variables to allow for a comparison between pensioners in the UK and abroad.

The court did not consider the applicants’ payment of National Insurance contributions “to be of any more significance than the fact that they may have paid income tax or other taxes while domiciled there”.

Carson, who lives in South Africa, receives £67.50 a week compared with the £95.25 given to UK pensioners.
 

Issue: 7410 / Categories: Legal News
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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