Legal summary of Fire Brigades Union vs HM Treasury Cost Control Mechanism Judicial Review

This summary was drafted with the assistance of the Board’s legal adviser in order to summarise the arguments made and outcome of the judicial review brought by the FBU and BMA in relation to the decision by the government to include McCloud remediation costs within the scope of the cost control mechanism (often referred to as the “employer cost cap”) applying to all public service pension schemes under the Public Service Pensions Act 2013.

The judge found in favour of the Government on all grounds. However, at the time this update, leave to appeal against this decision has been granted although the case has not yet been listed by the Court of Appeal for a hearing. Whilst a long-stop date of July 2024 has been set, we would expect the appeal hearing will take place in late 2023 or early 2024.

The summary represents the views of the SAB and does not constitute legal advice nor should it be relied upon or treated as a substitute for specific legal advice relevant to particular circumstances.