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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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