Green & Ors v The Commissioner of Police of the Metropolis [2022] EWCA Civ 1686 (21 December 2022)

Green & Ors v The Commissioner of Police of the Metropolis [2022] EWCA Civ 1686 (21 December 2022)

Regulation C9 of the Police Pensions Regulations 1987, which provides for cessation of survivor's pension on remarriage or cohabitation, does not impair the essence or substance of the right to marry under Article 12 ECHR. The provision is not arbitrary, disproportionate, or unjust, and is objectively justified...

Source-derived case information.

Citation
[2022] EWCA Civ 1686
Parties
Claimant/appellant: Sharon Green; Claimant/appellant: Jacqueline Andrea Jennings; Claimant/appellant: Paul Robert Sneller; Defendant/respondent: The Commissioner of Police of the Metropolis; Interested Party/second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Article 12 ECHR (right to Marry), Police Pensions Regulations, Compatibility With Human Rights Act 1998, Proportionality, Judicial Review
Human Rights Law Pensions Law Administrative Law Article 12 ECHR (right to Marry) Police Pensions Regulations Compatibility With Human Rights Act 1998 Proportionality Judicial Review

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Parties

Sharon Green

Claimant/appellant

Jacqueline Andrea Jennings

Claimant/appellant

Paul Robert Sneller

Claimant/appellant

The Commissioner of Police of the Metropolis

Defendant/respondent

Secretary of State for the Home Department

Interested Party/second Respondent

Procedural Posture

Appeal (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Regulation C9 of the Police Pensions Regulations 1987 is incompatible with Article 12 ECHR (right to marry) as scheduled to the Human Rights Act 1998
  2. 2 Whether the cessation of survivor's pension on remarriage or cohabitation impairs the essence of the right to marry

Ratio Decidendi

Regulation C9 of the Police Pensions Regulations 1987, which provides for cessation of survivor's pension on remarriage or cohabitation, does not impair the essence or substance of the right to marry under Article 12 ECHR. The provision is not arbitrary, disproportionate, or unjust, and is objectively justified within the context of a contributory pension scheme. The State's policy choices and the integrity of the scheme rules are within the margin of appreciation afforded to it. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No declaration of incompatibility is made in respect of Regulation C9 and Article 12 ECHR.
  • No order for reinstatement or backdating of survivor's pension payments.