Hayley Swallow: Landmark pension ruling could spark fresh legal challenges over couple discrimination
The legal rights of couples who live together but aren’t married have come under the spotlight once again following a landmark ruling in the Supreme Court which could benefit millions of other cohabitees across the UK. Denise Brewster (42), from Coleraine in Northern Ireland, was refused payments from her long-term partner’s local government pension scheme…
Hayley Swallow is a Chartered Legal Executive, Andrew & Co Solicitors
The legal rights of couples who live together but aren’t married have come under the spotlight once again following a landmark ruling in the Supreme Court which could benefit millions of other cohabitees across the UK.
Denise Brewster (42), from Coleraine in Northern Ireland, was refused payments from her long-term partner’s local government pension scheme after he died, because they were unmarried.
At the time of his death in 2009, two days after the couple had got engaged, Lenny McMullan was employed by Translink, the company which provides Northern Ireland’s public transport services.
He had worked for them for approximately 15 years and throughout that time had paid into the scheme. Ms Brewster said that it was her understanding that her partner had completed a form nominating her to be eligible for a survivor’s pension. The government office which administers the scheme, however, said that it did not receive the form.
If they had been married she would have automatically shared the pension that he had built up. Ms Brewster argued in court that the system of nomination forms discriminated against her and breached her human rights and initially won her case in the High Court in Northern Ireland. However, after that decision was overturned in the Court of Appeal, Ms Brewster applied for a judicial review and on Wednesday (8th February) the Supreme Court unanimously ruled in favour of the benefits being extended to her.
The case will have undoubtedly have been closely observed by public sector pension schemes which could now have to change their rules, as well as by private pension schemes which may also have to follow suit.
And of course, the decision could open the flood gates to other similar cases as public pensions can be worth a lot of money, so people think it’s worth pursuing. There were however some key factors in this case which ultimately influenced the judges’ decision –namely that Ms Brewster had been in a long-term relationship for ten years, was engaged to Mr McMullan and had interdependent finances, ie a joint bank account.
The outcome could also spark fresh legal challenges in other areas of perceived discrimination against cohabiting couples, and while the government will be keen not to undermine the sanctity of marriage, it is clear we need new legislation to better protect the financial rights of millions of families. A Cohabitation Rights Bill has started its journey through the House of Lords but it could take years to come into effect, if it is passed at all.
The case also highlights the importance of completing a nomination form, where required, to elect the individual(s) you would like to receive your pension in the event of your death. If you are unmarried and have not nominated someone, the pot you have amassed could just vanish into the ether.
Following the Supreme Court’s ruling, pension companies are going to have to pay close attention to these forms and make sure they are completed or risk a repeat of this case. However, this is likely to be for new applications only, so if you are in any doubt as to what the existing arrangements are for your pension, I would strongly encourage you to contact your provider to double check.
This is also good advice for couples who are divorced or currently going through the process as unless you obtain a clean break order, your ex-spouse could still be able to make a claim on your pension in the event of your death.
Hayley is a Chartered Legal Executive, Andrew & Co Solicitors
She has worked in family law since 2001, and has a wealth of experience in all aspects including divorce / dissolution, children and financial issues.
As a member of Resolution, all the work Hayley undertakes on behalf of clients is non-confrontational and conciliatory and she is a strong believer in minimising the complexity of family issues. She takes pride in ensuring that all legal matters are concluded to the client's satisfaction as well as supporting them through what can be a very difficult stage in their life.
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The boy attended today’s hearing remotely by video link from the secure accommodation unit where he is being held on remand.
Tributes left for Roberts Buncis, 12, near Alcorn Green in Fishtoft, where his body was found. | Photo: John Aron
During the 14 minute hearing the boy sat on a settee next to his defence barrister Tara McCarthy. Both of them wore protective visors.
No charge was put to him and the matter was adjourned for a further case management hearing to be held on April 6.
Judge John Pini QC remanded the defendant to the secure accommodation unit. The judge previously set down a trial date to commence on June 21. The hearing is expected to last two weeks.
An order has been imposed under section 45 of the Youth Justice and Criminal Evidence Act of 1999 preventing publication of the identity of the accused boy.
A burglar with six previous convictions, who smashed his way into a house and stole hundreds of pounds worth of property, was jailed for 45 months at Lincoln Crown Court on Monday.
Andrew Seward, who has six previous convictions for house burglary, climbed over a neighbour’s fence before smashing his way through the doors at the back of his victim’s home in St Mary’s Road, Skegness.
Stephen Gosnell, prosecuting, told the court: “An untidy search of the property was conducted by the defendant.
“Everything was strewn around the bedroom and he had also searched the living room.”
Seward escaped with two boxes of jewellery, clothing, perfume and food but was traced because he cut himself on the glass of the French doors as he entered the house.
DNA tests were carried out on blood found at the scene and he was arrested at his home nine days later.
The burglary took place when the occupiers were out for just 90 minutes.
Mr Gosnell said: “The loss of these items is described as irreplaceable by the victim.
“The estimate of the value of the items stolen was £1,500. Shoring up the property cost a further £210 and a new door cost £165.”
Seward, 37, of Morris Gardens, Skegness, admitted a charge of burglary of the property on December 7, 2020.
Neil Sands, in mitigation, said: “He apologises unreservedly for this.
“He had been making real progress. He was released halfway through his last sentence and had been out for over two years.”
Mr Sands said that Seward struggled to cope after learning that his nephew had cancer and he then turned to drugs and alcohol.
“He had just started a relationship with a young lady. She has indicated that when he comes out they have a future together and he will have a settled home. It is his intention to use his time during this sentence to learn a trade.”
Judge John Pini QC, passing sentence, told Seward: “You have a bad record with six previous convictions for dwelling house burglary.
“I hope that you are able to learn a trade and that when you are released from custody you can earn an honest living.”
A group of urban explorers who travelled from three different counties to look around derelict buildings were caught and fined in Grantham for breaching lockdown rules.
The group, which consisted of six people from three different counties across the country, travelled to Grantham on Saturday, January 16 to look around an abandoned hospital on Manthorpe Road.
Police were made aware of the group trying to gain access to the derelict building at around 11pm over the weekend.
All six people were caught by Lincolnshire Police and issued with £200 fines for breaking lockdown guidelines.
All were first time offenders, hence the £200 fine, but it will be reduced to £100 if the fine is paid within 14 days.
Sgt Dan McCormack of the Lincolnshire force put out a tweet on Sunday saying it’s “not on” and “not essential”.
6 Covid fines issued to group of ‘urban explorers’ who have travelled from 3 different counties to have a look around the derelict parts of the hospital at #Grantham. Not on. Not essential and simply a breach of the lockdown. #Covid#Lockdown#Fines
Kerrin Wilson, assistant chief constable at Lincolnshire Police, called the group “COVIDIOTS” in a tweet and slammed their antics.
She said: “These people are dangerous, they are putting people’s lives at risk.
“Lincolnshire Police will continue to do all we can to tackle this and support the public health ethos.
But it is also my colleagues who are at risk because of these behaviours!”
These people are not just #COVIDIOTS they are dangerous. They are putting peoples lives at risk 😡@LincsPolice will continue to do all we can to tackle this & support the public health ethos. But it is also my colleagues who are at risk because of these behaviours! #selfishhttps://t.co/ENrPSlj2jb
— Kerrin Wilson QPM #KeepYourDistance (@Kerrinwilson999) January 17, 2021
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