BMA defeats DoH in judicial review on pensions cap

GP pensions are set to rise by over a tenth, after the BMA won its judicial review case against the government in the High Court.

Mr Justice Mitting found that then health secretary Patricia Hewitt overstepped her legal powers in 2006, when she retrospectively capped the ‘dynamising factor' that is used to bring pensions up to present day values.

Dr Hamish Meldrum, BMA council chairman, said he was ‘delighted' that the case had vindicated the BMA.

‘We now look to the government to give GPs the pensions they have worked and paid for and to honour the agreement reached with the BMA during contract negotiations,' he said.

Government lawyers unsuccessfully argued that Ms Hewitt's actions were legal, and claimed that higher pensions would divert cash away from patient care.

GPs who retired after 2006 should now see their pensions increase by over 15 per cent, and receive two years worth of back payments. GPs who are still working will also receive a boost.

jonn.elledge@haymarket.com

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