Legal News

No relief granted in challenge to public service pensions reform (R (PSA) v HM Treasury)

Published on: 22 December 2021
Published by: LexisPSL
  • No relief granted in challenge to public service pensions reform (R (PSA) v HM Treasury)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Consultation and PSED
  • Substantive legitimate expectation
  • Material mistake of fact
  • Relief
  • Parliamentary privilege
  • Case details

Article summary

Pensions analysis: This significant judgment contains a helpful and detailed overview of the law in relation to the holding of lawful consultations, the public sector equality duty (PSED), the doctrine of substantive legitimate expectations, and where relief ought to be refused under section 31(2A) of the Senior Courts Act 1981 (SCA 1981) on the basis that it is highly likely the outcome would not have been substantially different if the conduct complained of had not occurred. It also considers the approach of the court to cases in which the grant of relief may infringe Parliamentary privilege. Written by Clíodhna Kelleher, barrister at Monckton Chambers. or take a trial to read the full analysis.

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