The Court of Appeal has announced that the long awaited judgement on the Backto60 case covering 3.8 million women who had to wait up to six years for their delayed pension will be made on September 15.
The judgement will be delivered by email to the two claimants on behalf of BackTo60 campaign and the Department for Work and Pensions. The judgement will be put on the judiciary website.
The official notice published today reads:
Take notice that on TUESDAY, 15 SEPTEMBER, 2020 at 10.30, Judgment will be given in the following.
From The Queen’s Bench Division
(Administrative Court and Divisional Court)
C1/2019/2914 The Queen on the application of Delve & Anr -v- The Secretary of State for Work and Pensions.
Covid-19 Protocol: This judgment will be handed down remotely by circulation to the parties or their representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down will be deemed to be TUESDAY, 15 SEPTEMBER, 2020 at 10.30.
A copy of the judgment in final form as handed down should be available on the Judiciary website (www.judiciary.uk) or BAILII shortly thereafter but can otherwise be obtained on request by email to the Judicial Office.
The decision will be on the merits of whether the DWP handled the policy change properly and whether the women suffered discrimination not on the merits of the plight of the women.
If the judges decide that there were faults in the system the women will have won and be entitled to compensation. If they decide that the DWP acted properly within the law they will lose.
The case has received the attention of three of the most powerful judges in the Court of Appeal.
They are the Master of the Rolls, 69 year old Sir Terence Etherton; Lord Justice Sir Nicholas Underhill, 68, and Lady Justice Dame Vivien Rose,60.
The DWP engaged Sir James Eadie known as the ” Treasury devil” – one of the most powerful lawyers employed by the government, to argue their case.
BackTo60 brought in Michael Mansfield, one of the leading human rights lawyers as part of their team.