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Supreme Court ruling - McCloud and Sargeant

The Supreme Court has refused permission for the Government to appeal the Court of Appeal’s December 2018 judgment in the cases of McCloud and Sargeant. This means that the Court of Appeal’s judgment stands, and that ‘transitional protection’ gave rise to unlawful discrimination in the Judges’ and Firefighters’ schemes. The Government will now be required to introduce a remedy to compensate individuals for the difference in treatment since 2015 in those schemes. The Government is considering the impact of this judgment on transitional protection arrangements in other schemes, including NHS Pensions.