Hudson & Ors v H. M. Treasury & Anor Rev 1

Hudson & Ors v H. M. Treasury & Anor Rev 1

The appellants had no entitlement to any sums beyond their gross pay. The alleged 'abatements' were not deductions from pay but factors in setting pay levels. No property or right was transferred from the appellants to the respondents. The claims in restitution and trust law are plainly and obviously bad and must be struck out.

Parties
Appellants: Hudson & Ors; Respondents: H. M. Treasury & Anor
Jurisdiction
England and Wales
Judgment Date
18 November 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) on a Strike Out Application
Outcome
Appeal dismissed; action struck out
Legal Topics
Strike Out Applications, Restitution, Constructive Trusts, Fiduciary Duty, Unjust Enrichment
Civil Procedure Employment Law Pensions Law Strike Out Applications Restitution Constructive Trusts Fiduciary Duty Unjust Enrichment

Case Brief

Summary, issues, holding and outcome

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Parties

Hudson & Ors

Appellants

H. M. Treasury & Anor

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) on a Strike Out Application

Legal Issues

  1. 1 Whether the Armed Forces Pension Scheme was in substance a contributory scheme entitling former service personnel to restitutionary or proprietary relief for alleged 'abatements' from pay
  2. 2 Whether the facts pleaded disclosed a reasonable cause of action in restitution or trust law
  3. 3 Whether the claim should be struck out as disclosing no reasonable cause of action

Ratio Decidendi

The appellants had no entitlement to any sums beyond their gross pay. The alleged 'abatements' were not deductions from pay but factors in setting pay levels. No property or right was transferred from the appellants to the respondents. The claims in restitution and trust law are plainly and obviously bad and must be struck out.

Court Disposition

Appeal dismissed; action struck out

Orders

  • Appeal dismissed
  • Action struck out as disclosing no reasonable cause of action