Ward v South Yorkshire Pensions Authority & Anor

Ward v South Yorkshire Pensions Authority & Anor

The appeal is dismissed because the Ombudsman was entitled to conclude, based on contemporaneous evidence, that Mr Ward's decision to retire was not influenced by the incorrect pension figures, and no compensable financial or non-financial loss was established. The procedure adopted was reasonable and did not require an oral hearing.

Parties
Appellant: Michael Ward; Respondent: South Yorkshire Pensions Authority; Respondent: National Probation Service (South Yorkshire)
Jurisdiction
England and Wales
Judgment Date
29 November 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Maladministration, Redundancy, Compensation for Non Financial Loss, TUPE Transfer, Early Retirement, Added Years, Statutory Pension Constraints

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Michael Ward

Appellant

South Yorkshire Pensions Authority

Respondent

National Probation Service (South Yorkshire)

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether maladministration occurred in quoting pension benefits without caveat regarding army pension
  2. 2 Whether compensation for non-financial loss is available absent financial loss
  3. 3 Whether Ombudsman gave adequate reasons for dismissing claims

Ratio Decidendi

The appeal is dismissed because the Ombudsman was entitled to conclude, based on contemporaneous evidence, that Mr Ward's decision to retire was not influenced by the incorrect pension figures, and no compensable financial or non-financial loss was established. The procedure adopted was reasonable and did not require an oral hearing.

Court Disposition

appeal dismissed