R (Equitable Life Members Action Group) v HM Treasury

On 15 October 2009, a Divisional Court (Carnwath LJ and Gross J) handed down judgment in the case of R (Equitable Life Members Action Group) v. HM Treasury, a challenge to the Government’s rejection of various findings made by the Parliamentary Ombudsman, of maladministration and injustice in the prudential regulation of Equitable Life. 

Dinah Rose QC, Javan Herberg and Jessica Boyd, all from Blackstone Chambers, appeared for the Claimants, EMAG. 

The Court held that the Government had failed to produce cogent reasons for rejecting a number of the Ombudsman’s findings of maladministration and injustice, and quashed its decision to do so. The Government’s application for permission to appeal was refused.  The Court has also required the Government to provide a written response to the judgment within 21 days, and will consider at a further hearing whether further relief ought to be granted, in the light of that response.