GPs win High Court NHS pension battle

OnMedica Staff

Friday, 11 April 2008

The government has decided not to appeal against the outcome of a judicial review which decided that the former Health Secretary Patricia Hewitt behaved unlawfully by retrospectively introducing a cap on the amount retiring GPs could receive in their NHS pensions.

The BMA, which brought the judicial review, said the ruling would primarily affect GPs who retired between 2004 and 2007, with the difference made to some retirees amounting to thousands of pounds a year.

Last month High Court judge Mr Justice Mitting decided the government had behaved unlawfully in 2006 when Mrs Hewitt, retrospectively introduced the pensions limit.

Today the BMA said it welcomed the announcement by the government not to appeal. Dr Hamish Meldrum, Chairman of BMA Council said:

“We are pleased the government has decided not to appeal against the judgement of Mr Justice Mitting. It was an important decision for many GPs, particularly those around retirement age, who were being deprived of the pension they had a legal right to receive.”