Staff Side of the Police Negotiating Board & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor

Staff Side of the Police Negotiating Board & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor

By a majority, the court held that the adoption of CPI for pension uprating was lawful. The Secretary of State was entitled to choose CPI as a suitable measure of price inflation under the statute, even if economic savings were a motivating factor, provided the chosen index was rational and legitimate. No clear and unqualified promise was made to use RPI indefinitely, so no legitimate expectation arose. The equality duty was either not engaged or was adequately discharged. The claimants' application for judicial review was dismissed on all grounds except for improper purpose, on which McCombe J dissented.

Parties
First Claimants: The Staff Side of the Police Negotiating Board & Others; Second Claimants: Valerie Piper & Others; Defendants: Secretary of State for Work and Pensions & HM Treasury & Others
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim dismissed (majority); application for judicial review refused
Legal Topics
Judicial Review, Statutory Interpretation, Legitimate Expectation, Equality Duty, Improper Purpose, Public Sector Pensions
Administrative Law Public Law Pensions Law Equality Law Judicial Review Statutory Interpretation Legitimate Expectation Equality Duty +2 more

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Parties

The Staff Side of the Police Negotiating Board & Others

First Claimants

Valerie Piper & Others

Second Claimants

Secretary of State for Work and Pensions & HM Treasury & Others

Defendants

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the adoption of CPI for pension uprating was lawful under the relevant statutes
  2. 2 Whether the decision was taken for an improper purpose or with irrelevant considerations
  3. 3 Whether there was a breach of legitimate expectation

Ratio Decidendi

By a majority, the court held that the adoption of CPI for pension uprating was lawful. The Secretary of State was entitled to choose CPI as a suitable measure of price inflation under the statute, even if economic savings were a motivating factor, provided the chosen index was rational and legitimate. No clear and unqualified promise was made to use RPI indefinitely, so no legitimate expectation arose. The equality duty was either not engaged or was adequately discharged. The claimants' application for judicial review was dismissed on all grounds except for improper purpose, on which McCombe J dissented.

Court Disposition

Claim dismissed (majority); application for judicial review refused