BT Pension Scheme Trustees Limited & Ors (R on the application of) v UK Statistics Authority & Anor

BT Pension Scheme Trustees Limited & Ors (R on the application of) v UK Statistics Authority & Anor

The UK Statistics Authority acted within its statutory powers under s.21(1) of the Statistics and Registration Service Act 2007 in deciding to align the RPI with the CPIH, as the statute confers broad discretion to make fundamental changes to the RPI, including adopting methodologies from other indices. The Authority was not required to consider the impact on legacy users or to weigh broader policy interests, as its statutory functions are limited to statistical matters. There was no duty to consult on the principle of the RPI decision, and the consultation conducted was adequate. The cessation clause in post-2005 gilts would not be triggered by the RPI decision, as the RPI would continue...

Parties
Claimant: BT Pension Scheme Trustees Limited; Claimant: Marks and Spencer Pension Trust Limited; Claimant: Ford Pension Scheme for Senior Staff Trustees Limited; Claimant: Ford Salaried Pension Fund Trustees Limited; Claimant: Ford Pension Fund Trustees Limited; Defendant: UK Statistics Authority; Defendant: Chancellor of the Exchequer
Jurisdiction
England and Wales
Judgment Date
01 September 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed; declaration granted to second defendant.
Legal Topics
Judicial Review, Statutory Duties, Consultation Requirements, Public Sector Equality Duty, Pensions, Government Bonds, Official Statistics, Ultra Vires, Legitimate Expectation
Administrative Law Public Law Statutory Interpretation Contract Law Judicial Review Statutory Duties Consultation Requirements Public Sector Equality Duty +5 more

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Parties

BT Pension Scheme Trustees Limited

Claimant

Marks and Spencer Pension Trust Limited

Claimant

Ford Pension Scheme for Senior Staff Trustees Limited

Claimant

Ford Salaried Pension Fund Trustees Limited

Claimant

Ford Pension Fund Trustees Limited

Claimant

UK Statistics Authority

Defendant

Chancellor of the Exchequer

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the UK Statistics Authority's decision to align the RPI with the CPIH was ultra vires under s.21(1) of the Statistics and Registration Service Act 2007
  2. 2 Whether the UKSA failed to consider material considerations, including the impact on legacy users and the Public Sector Equality Duty
  3. 3 Whether there was a duty to consult on the RPI decision and whether such consultation was adequate

Ratio Decidendi

The UK Statistics Authority acted within its statutory powers under s.21(1) of the Statistics and Registration Service Act 2007 in deciding to align the RPI with the CPIH, as the statute confers broad discretion to make fundamental changes to the RPI, including adopting methodologies from other indices. The Authority was not required to consider the impact on legacy users or to weigh broader policy interests, as its statutory functions are limited to statistical matters. There was no duty to consult on the principle of the RPI decision, and the consultation conducted was adequate. The cessation clause in post-2005 gilts would not be triggered by the RPI decision, as the RPI would continue...

Court Disposition

Claim dismissed; declaration granted to second defendant.

Orders

  • Application for judicial review dismissed.
  • Declaration granted that the cessation clause in post-2005 gilts will not be triggered by the implementation of the RPI decision in or after 2030.