@CarolC35237810 @mazcrone I'll provide a brief summary of the afternoon session when it's concluded x x
@CarolC35237810 @mazcrone 1. So Eadie for DWP says judicial review claim out of time; clock starts ticking from date legislation introduced. Mansfield for claimaints says no, clock starts ticking from date of knowledge of impact.
@CarolC35237810 @mazcrone 2. Eadie says no discrimination (age) as age is inherently built into SPA by it's very definition.
@CarolC35237810 @mazcrone 3. Mansfield says irrespective of the Act (pensions act) ... the primary legislation and statutory instruments ... the secondary legislation having no inbuilt "fairness" around notification ...
@CarolC35237810 @mazcrone 4. ...Common law does have regard to fairness, which the courts can rule on and that does not supplant any jurisdiction around the separation of powers between the govt and the judiciary.
@CarolC35237810 @mazcrone 5. Jurisdiction is important, because if the court does rule that it was unfair to not provide notification that in and of itself will not make govt remedy
(by ?providing compensation) the situation but applying common law would show that the govt acted ...
(by ?providing compensation) the situation but applying common law would show that the govt acted ...
@CarolC35237810 @mazcrone 6. unlawfully and there would then have to be a remedy applied as tangible recognition of the "error" made by the govt in not providing sufficient notice.
@CarolC35237810 @mazcrone Eadie is trying to say that the govt was not required to give notice of increase in SPA and that the 2011 Act which increased SPA to 65 before increasing it further to 66 was enough to "soften the blow" ...
@CarolC35237810 @mazcrone Ooops that was point 7. 😁
@CarolC35237810 @mazcrone 8. Eadie says that the perceived detriment was an unfortunate consequence of the SPA increase.
@CarolC35237810 @mazcrone 9. Hearing resumes tomorrow at 10.30am for Edie to address notice and delay grounds and Eadie and Mansfield will then put their closing submissions to the court.
@CarolC35237810 @mazcrone 10. My opinion is that Mansfield needs to expand on the initial accelerated increase for women from 60 to 65 and then 66, whereas for men with the same date of birth with an expectation of receiving their pension at 65 , they only had a 1 year wait.
@CarolC35237810 @mazcrone @threadreaderapp please unroll
