Source: All England Reporter
Publisher Citation: [2015] All ER (D) 66 (Jan)
Neutral Citation: [2014] EWHC 4240 (Ch)
Court: Chancery Division

Mr Justice Nugee

Representation W appeared in person.
  Jonathan Davey (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 19 December 2014


Education - Teacher - Pension - Appellant being member of Teacher's Pension Scheme administered by Teachers' Pensions (TP) - Appellant taking early retirement and later returning to full-time employment in education - Appellant receiving letter from TP informing him his earnings and pension exceeding index linked salary of reference in each tax year in specified period so pension should have been abated - Recovery of overpayment being sought - Deputy Pension Ombudsman (DPO) dismissing appellant's complaint against respondent - Whether DPO wrong not to hold oral hearing - Whether DPO erring in rejecting appellant's change of position defence - Whether appellant having limitation defence.

The Case

Education Teacher. The appellant appealed against a determination by the Deputy Pensions Ombudsman (the DPO), dismissing his complaint against the respondent Department for Education in relation to the recovery of an overpayment of his pension under the Teachers' Pension Scheme. The Chancery Division held, inter alia, that, on the DPO's factual findings, her conclusion that the defence of change of position had been unavailable to the appellant could not be faulted. However, he had had a limitation defence for the recovery of any overpayments which had been made more than six years before the relevant date when the limitation period was to be regarded as having stopped and, to that extent, the appeal would be allowed.

Practice Areas

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