Lawyers for Backto60 and the two complainants decided today to apply to the Supreme Court for permission to bring their case to the highest court in the UK.
The decision was taken after two of the Judges in the Court of Appeal, who heard their case, Lord Justice Sir Nicholas Underhill and Lady Justice Dame Vivien Rose, refused permission for them to go to the Supreme Court.
Applicants are allowed to go to the Supreme Court directly to plead their case to be heard if they are turned down by the Court of Appeal.
The decision was announced by Joanne Welch, the founder of Back to 60, appropriately during an interview with the BBC radio programme Woman’s Hour.
The decision comes after the Court of Appeal comprehensively rejected their case in a judgement announced on Tuesday. The judges ruled that the first judge , Ms Justice Lang, should not have allowed the judicial review to go ahead because it was a long time after the 1995 Act raising the pension age for women was passed. They agreed with the arguments put forward by Sir James Eadie, the Treasury Counsel, on behalf of the Department for Work and Pensions that they had been adequately consulted about the rise in the pension age from 60 to 65 announced in 1995 and later extended to 66 under the Pensions Act in 2011.
Some 3.8 million women were affected by the change which Michael Mansfield, Henrietta Hill and Adam Straw, argued amounted to both direct and indirect age and sex discrimination and had led to women born in the 1950s being driven into poverty and ill health. This was rejected by the judge, chaired by Sir Terence Etherton, Master of the Rolls.
Joanne Welch told Woman’s Hour “I know that Julie Delve and Karen Glynn have been actively considering next steps. I believe that they are going to go ahead with an application for permission to have this heard in the Supreme Court”.
Plans to ask the Supreme Court to hear the case are now being drawn up by the legal team after Joanne Welch confirmed that the decision was taken at a meeting today.