(1) The Fire Brigades Union & ors (claimants/appellants) v HM Treasury & anr (defendants/respondents) (2) The British Medical Association (claimant/appellant) v HM Treasury & anr (defendants/respondents)
Tuesday 20 – Thursday 22 February 2024
These are 2 appeals against the Order of Choudhury J. of 10 March 2023 by which she dismissed the applications for judicial review and ordered costs in favour of the Respondents.
The Appellants sought to challenge the lawfulness of the Public Service Pensions (Valuations and the Employer Cost Cap) (Amendment) Directions 2021. This regulates the operation of the Cost Control Mechanism (CCM) in the public service pension schemes created under the Public Service Pensions Act 2013 (PSPA). The CCM measures certain costs of providing benefits and adjusts benefits or member contributions accordingly. The claim challenged the modification of the CCM to impose the cost of remedying the discrimination established in the McCloud/Sargeant litigation upon members of the new public service pension schemes who do not benefit from that remedy.
The claims of both the Fire Brigades Union and the British Medical Association were heard together to the same Directions. Both claims were dismissed, the judge finding that the legal bases were not made out.
View hearing:
Day 1
Day 2
Day 3