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 that he acted rationally and took all appropriate, and no

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll