Irwin Mitchell Represents BMA In Successful Judicial Review

British Medical Association in High Court battle

18.03.2008

Irwin Mitchell represented the British Medical Association (BMA) in its successful landmark High Court battle against the Government's decision to cap GP's NHS pensions.

A judge upheld the BMA's argument that the cap had been imposed unlawfully for the years 2004-2006.

Doctors were expecting to receive a catch-up rise in the order of 50% over three years, but in 2006 this was retrospectively capped to 48% spread over five years.

Doctors protested that thousands of pounds had been unfairly wiped from their pensions.

On 13 March, Mr Justice Mitting, sitting at the High Court in London, ruled that the then health secretary Patricia Hewitt had no power to impose the limit retrospectively, saying it was an attempt "to renegotiate an arrangement that had already been determined."

Dr Hamish Meldrum, chairman of the BMA Council, said: "We are delighted that the BMA has been vindicated in its decision to challenge the Government on retrospective capping of GPs' pensions."

Andrew Lockley, national head of Public Law at law firm Irwin Mitchell, represented the BMA. He said: "This is believed to be the first time that the BMA have brought a judicial review against the Government on behalf of its members. It won a landmark decision that will greatly benefit GP members of the BMA."