Aviva Insurance Limited v The Secretary of State for Work and Pensions

Aviva Insurance Limited v The Secretary of State for Work and Pensions

The Court of Appeal held that the Social Security (Recovery of Benefits) Act 1997 and regulations made under it do not infringe the insurers' rights under Article 1 Protocol 1 ECHR in any of the situations complained of. The scheme pursues a legitimate aim, is rationally connected to that aim, is not more intrusive than necessary, and strikes a fair balance between the interests of insurers and the public. The retrospective effect is specially justified. The appeal by the Secretary of State is allowed, the cross-appeal by the insurers is dismissed, and the claim for judicial review fails.

Parties
Claimant/respondent: Aviva Insurance Limited; Claimant/respondent: Swiss Reinsurance Company Limited; Defendant/appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
14 January 2022
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed; cross-appeal dismissed; claim for judicial review dismissed.
Legal Topics
Social Security (recovery of Benefits) Act 1997, Article 1 Protocol 1 ECHR (a1 P1), Compatibility of Statutes With Human Rights, Retrospective Legislation, Judicial Review, Limitation of Actions
Constitutional Law Insurance Law Human Rights Law Administrative Law Social Security (recovery of Benefits) Act 1997 Article 1 Protocol 1 ECHR (a1 P1) Compatibility of Statutes With Human Rights Retrospective Legislation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 33 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Aviva Insurance Limited

Claimant/respondent

Swiss Reinsurance Company Limited

Claimant/respondent

Secretary of State for Work and Pensions

Defendant/appellant

Procedural Posture

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Social Security (Recovery of Benefits) Act 1997 and regulations made under it are incompatible with Article 1 Protocol 1 (A1P1) of the ECHR as applied to liability insurers in certain industrial disease cases
  2. 2 Whether the statutory scheme strikes a fair balance between insurers' property rights and the public interest
  3. 3 Whether the scheme is rationally connected to a legitimate aim and is proportionate

Ratio Decidendi

The Court of Appeal held that the Social Security (Recovery of Benefits) Act 1997 and regulations made under it do not infringe the insurers' rights under Article 1 Protocol 1 ECHR in any of the situations complained of. The scheme pursues a legitimate aim, is rationally connected to that aim, is not more intrusive than necessary, and strikes a fair balance between the interests of insurers and the public. The retrospective effect is specially justified. The appeal by the Secretary of State is allowed, the cross-appeal by the insurers is dismissed, and the claim for judicial review fails.

Court Disposition

Appeal allowed; cross-appeal dismissed; claim for judicial review dismissed.

Orders

  • Secretary of State's appeal allowed.
  • Insurers' cross-appeal dismissed.