This site is intended for health professionals only

At the heart of general practice since 1960

Read the latest issue online

CAMHS won't see you now

Lawyer says it may be a lost cause

A leading lawyer believes the GPC has little chance of success in its legal battle to overturn the pensions cap.

Andrew Lockhart-Mirams

of Lockharts solicitors said he felt the clause in the 1995 NHS Pensions Regulations cited by ministers to defend their

actions would stand up to scrutiny.

Mr Lockhart-Mirams, who drew up the standard PMS contract and worked with the BMA on the GMS deal, said: 'The statement of law that they have come up with is, as I understand it, correct and this is a matter which the Secretary of State can determine. The only qualification is that she is required to consult organisations as she considers appropriate.'

Mr Lockhart-Mirams said the only legal avenue open to the GPC appeared to be a judicial review to seek a declaration that what it believed had been agreed was indeed agreed and could not be changed.

If it was found the Secretary of State had not consulted properly, she could be required to do so, he added.

Rate this article 

Click to rate

  • 1 star out of 5
  • 2 stars out of 5
  • 3 stars out of 5
  • 4 stars out of 5
  • 5 stars out of 5

0 out of 5 stars

Have your say