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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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