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15 March 2023
Issue: 8017 / Categories: Legal News , Pensions , Public
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McCloud fallout challenge fails in High Court

A bid by trade unions to challenge the Treasury’s decision to use a cost control mechanism contained in the Public Service Pensions Act 2013 (PSPA 2013) has failed in the High Court.

The Treasury used the mechanism to modify members’ benefits due to the cost of implementing ‘the McCloud remedy’, which addressed age discrimination in pensions (following Lord Chancellor v McCloud & Ors [2018] EWCA Civ 2844). The unions claimed this decision misconstrued PSPA 2013, breached legitimate expectation, indirectly discriminated against younger members and was therefore unlawful.

Dismissing the claim in Fire Brigades Union & Ors v HM Treasury [2023] EWHC 527 (Admin), however, Mr Justice Choudhury held the wording of PSPA 2013 was sufficiently wide and the purpose of the cost control mechanism was to control a cost such as McCloud. Moreover, while some members were disadvantaged, the dividing line was not their age but the nature of the McCloud remedy itself.

Issue: 8017 / Categories: Legal News , Pensions , Public
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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