Judicial review over exit pay cap regulations to be heard in second half of March

The High Court is to hear the judicial review challenge being brought by LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) over the Exit Payment Cap Regulations in the second half of March.

LLG confirmed that a two-day hearing had been listed for the week commencing 18 March or the week after.

Last month a High Court judge gave the two organisations permission to bring their challenge.

Quentin Baker, President of LLG, said at the time that the case concerned an important issue which had a potentially significant impact upon its members’ pension benefits.

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Ian Miller, Honorary Secretary of ALACE, said deep concern about the regulations was shared widely across unions in the public sector, and it was important that the courts clarify whether the Government would have to change its approach.

When they first announced the legal challenge in November, the two organisations said the move came “amidst confusion caused by the Exit Payment Cap Regulations clashing with the requirements of the Local Government Pension Scheme” and “in the absence of any indication from HMT or MHCLG that they will take action to address the procedural and substantive legal flaws”.

LLG and ALACE have taken advice from Nigel Giffin QC from 11KBW on the claim.