• Home
  • eAlerts
  • Case notes: City and County of Swansea v Johnson (High Court (Chancery Division)) November 1998

Case notes: City and County of Swansea v Johnson (High Court (Chancery Division)) November 1998

United Kingdom
28/01/1999
Download PDF

City and County of Swansea v Johnson (High Court (Chancery Division)) November 1998

The case involved the making of an injury allowance award by the local council of just £50 a year. The Pensions Ombudsman was wrong to require the local council to reconsider the award 'in order to meet the complainant's legitimate expectations'. In principle, a token award of £50 would not be manifestly unreasonable if the relevant body took the view that a person was entitled to a payment in principle but the circumstances did not justify the payment of a substantial amount. The Ombudsman did have jurisdiction over injury allowance arrangements under the Local Government Superannuation Regulations as they fell within the wide definition of occupational pension scheme for this purpose. However, the Ombudsman had no evidence in this case to conclude that the complainant's employment had been terminated by reason of his illness rather than redundancy, so this constituted an error of law entitling the court to intervene. This question was remitted to the Ombudsman. Furthermore, in the absence of very exceptional circumstances, the Ombudsman should not make an award in excess of £1,000 as damages for distress - the original award in this case had been £5,000.

Search Filters

Advanced Search

Related content

  • 25/04/2024

    Cyber and Information Security - Update of the NIS Directive (NIS2)

    The so-called NIS Directive[1] has been updated through the NIS2 Directive[2], which is set to be applied no later than October 18, 2024. The update aims to enhance the overall cybersecurity level of the EU and entails tightened requirements for actors...
  • 25/04/2024

    Hungary’s amended ESG Act to enter into force on 25 April 2024

    The following is a summary of the key changes made to Hungary’s ESG Act.Standardised ESG questionnaireCompanies may find it difficult to collect and analyse ESG data in light of the numerous questionnaires to assess sustainability risks, investments,...
  • 25/04/2024

    Key changes to Cybersecurity Law to be introduced in Singapore

    On 3 April 2024, the Cybersecurity (Amendment) Bill No. 15/2024 (“Bill”) was introduced in Parliament (the Bill can be found here). The Bill proposes to amend the Cybersecurity Act 2018 (“Cybersecurity Act”), which establishes...