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The Kearney Appeal Case



The Court of Appeal heard Mr Kearney's appeal on 3 March.  The Court comprised the Master of the Rolls, Lord Neuberger, Lord Justice Sullivan and Lady Justice Arden.  The unanimous judgment was delivered on 23 March.  It allowed the appeal, so Mr Kearney is permitted to pay the arrears of NI contributions out of time, and is entitled to a full State Retirement Pension.


Any OSPA member wondering whether this judgment might be drawn upon to help his or her own claim should read the whole judgment, and pay particular attention to the last paragraph, and even more particularly to its final sentence, reproduced below:

   
    "For the reasons given above, I would allow this appeal and reinstate the decision of the Commissioners.  I would observe that the result in this case should not be thought to reduce the importance of the duties imposed on those who are liable to pay NICs or who have the option to do so.  Ignorance is not an excuse save in limited circumstances.  It is a person's own responsibility to pay NICs, and, if he or she fails to do so at the right time, he or she may lose the chance to pay them later on the basis of ignorance at the appropriate time of the need to pay.  The facts of this case are unusual, and, while of course this judgment deals only with this appeal, I would observe that facts like these may not often occur."


To find the judgment on the website, go to:

   
    www.bailii.org

    then click on:   Recent decisions;
    then:                England and Wales;
    then:                Court of Appeal (Civil Division) which gives a list of the
                            recent decisions, including the Kearney case.