Source: All England Reporter
Publisher Citation: [2009] All ER (D) 138 (Aug)
Neutral Citation: [2009] EWCA Civ 880
Court: Court of Appeal, Civil Division

Laws, Thomas LJJ and Mann J

Representation John Benson QC (instructed by EAD Solicitors) for the employee.
  Chris Quinn and Simon Forshaw (instructed by Paul Entwistle) for the employer.
Judgment Dates: 18 August 2009


Pension - Pension scheme - Local government pensions - Claimant employed in local government and being member of local government pension scheme - Claimant going on sick leave and subsequently dismissed on grounds of capability - Claimant bringing proceedings for loss it allegedly suffered for not being granted immediate or enhanced pension - Judge striking out claim - Whether judge in error - Local Government Pension Scheme Regulations 1997, , regs 27, 100.

The Case

Pension Pension scheme. Court of Appeal, Civil Division: An appeal against a decision striking out the claimant's claim for entitlement to payment of an early pension on the terms set out in the Local Government Pension Scheme Regulations 1997, , was dismissed. The judge had been right to strike out the claim substantially for the reasons he had given.

If you are a LexisLibrary subscriber you can read more about this case here.