header-logo header-logo

29 March 2012
Issue: 7506 / Categories: Case law , Law digest , In Court
printer mail-detail

Pensions

R (on the application of FDA and others) v Secretary of State for Work and Pensions and another [2012] EWCA Civ 332, [2012] All ER (D) 139 (Mar)

It was permissible, within s 150 of the Social Security Administration Act 1992, to use an index compiled on the basis of the geometric mean, rather than the arithmetic mean, for determining whether, and to what extent, state pensions and other annual payments had lost their value in relation to the general level of prices.

It would have required clear exclusionary or limiting words in s 150(1) before it could fairly be concluded that Parliament had intended that such an index could not be invoked by the secretary of state for the purposes of that section. There were no such words. Section 150(1) left it to the secretary of state to select the method by which he estimated whether, and if so to what extent, certain benefits and pensions had lost their value in relation to the general level of prices obtaining in Great Britain during a particular year. Provided

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll