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Aviva Insurance Ltd & anr –v- The Secretary of State for Work & Pensions

12th – 14th October 2021

The appeal concerns the operation of the statutory scheme for the recovery of benefits, now contained in the Social Security (Recovery of Benefits) Act 1997.

Aviva and Swiss Re (together the Insurers) are Insurers with financial liabilities to the State pursuant to the scheme. The Insurers contend that the structure of the scheme, and consequential imposition of financial liabilities upon them, is in contravention of their rights under Article 1 of Protocol 1 to the European Convention on Human Rights and pursuant to the Human Rights Act 1998.

Lower Court Judgment:

https://www.bailii.org/ew/cases/EWHC/Admin/2021/30.html

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2

Day 3

Part 1 (final part)