Court of Appeal judgment on Hughes judicial review

The Court of Appeal has supported our approach for increasing payments to PPF and FAS members following the 2018 European Court of Justice judgment in the Hampshire case.

It has also confirmed the High Court’s decision that the PPF compensation cap, as set in legislation, is unlawful based on age discrimination and has to be disapplied.

However the period of time over which the cap has to be disapplied is not yet clear, and as such, the Secretary of State for Work and Pensions has been granted more time to address the Court on this complex legal issue.

We also don’t yet know whether the respondents or the Secretary of State will want to appeal.

So for now we’ll continue to pay members their current level of benefits. We’ll provide more information on the implementation of the judgment as soon as we’re able.

We’ll update the FAQs on our website once we’ve had time to understand the detail of the judgment, and we’ll provide further information about the impact of any subsequent appeals when this is known.