R (on the application of Elmes) v Essex County Council

Pension – Pension scheme. The nomination requirement in Local Government Pension Scheme (Benefits, Membership Contributions) Regulations 2007, SI 2007/1166, was incompatible with art 1 of the First Protocol to, and art 14 of, the European Convention on Human Rights and had to disapplied. The Administrative Court, in allowing the claimant's application for judicial review, further declared that she had been entitled to be paid a survivor's pension under the scheme and ordered the defendant to pay to the claimant the arrears of her survivor's pension, together with interest.

Category: