High Court disapplies nomination rule for cohabitee’s survivor’s pension (R (on the application of Elmes) v Essex County Council)

Table of contents

• What are the practical implications of the judgment?
• What was the background?
• What did the court decide?

Article summary

Pensions analysis: Chris Buttler, barrister, of Matrix Chambers, examines a High Court decision that the defendant local authority should pay a survivor’s pension to the claimant, even though the deceased scheme member with whom she had cohabited had not nominated her, as required under the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007. The court found the nomination requirement incompatible with the European Convention on Human Rights (ECHR).