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Moratorium in fee-paid judicial pension cases

This news article was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Moratorium in fee-paid judicial pension cases

Following the case of O’Brien v Ministry of Justice and the decision of the UK Supreme Court that fee-paid Recorders are entitled to a pension, The Lord Chancellor has written today to the Lord Chief Justice, the Lord Chief Justice Northern Ireland, the Lord President of the Court of Session, the President of the UK Supreme Court and the Senior President of Tribunals to announce a moratorium in fee-paid judicial pension cases.

The purpose of the moratorium is to remove the need for potential claimants to lodge a “protective” claim from now on. The O’Brien case has been referred back to the Employment Tribunal and the litigation continues there.

Moratorium in fee-paid judicial pension cases

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Clarification

This clarification is issued following on from the Moratorium of the 5 April. The intention is to provide reassurance and greater clarity as to the force and effect of the Moratorium. In particular that if a judicial office holder is a potential claimant, the Ministry of Justice will treat him or her as if he or she had issued a pension-related claim as at 1 March 2013 and that the claim had been stayed.

Clarification - moratorium in fee-paid judicial pension cases

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If you use assistive technology (eg a screen reader) and need a version of this document in a more accessible format, please email web.comments@justice.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.