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Keith Bryant in Judicial Review concerning jurisdiction of police pension appeal

Under the statutory rules of the Police Pension Schemes, members have a right of appeal on certain matters to the Crown Court.

In a judgment handed down on 13 June 2019 in the case of R (Carter) v Chelmsford Crown Court and others, the Divisional Court (Coulson LJ and Andrew Baker J) has held that this right does not apply to contingent rights, for example a right to widow’s benefit where the relevant member is still alive.

Instead, the Divisional Court held, the claimants in this case should seek declaratory relief from the High Court (QBD) by way of Part 8 proceedings.

The Crown Court’s jurisdiction in statutory pension appeals has always been something of a bone of contention; this judgment has now given greater clarity as to its extent and the alternative appeal route that may be available, at least where contingent rights are in question.

Keith Bryant QC appeared for the Home Secretary, the second interested party. The full judgment may be found here.

Keith’s wide experience includes advising and acting for commercial and public sector organisations, trustees, government departments and agencies, individuals and unions.

His practice is focused on pensions law and employment law and the areas of overlap between the two. He is also increasingly involved in cases with a financial services aspect.

Keith has been recommended by Chambers & Partners and Legal 500 for pensions and employment law for many years.

News 13 Jun, 2019

Authors

Keith Bryant QC

Call: 1991 Silk: 2013

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