Cherry joins team seeking to overturn winter fuel payment cut in court
The case was brought against the Scottish and UK governments by Coatbridge pensioners Florence and Peter Fanning.
Former SNP MP Joanna Cherry KC has joined the court case seeking to overturn the UK Government’s cut to the winter fuel payment.
Ms Cherry – who lost her seat in July’s election – returned to legal practice earlier this month and will act as senior counsel in the action brought by Peter and Florence Fanning.
The Coatbridge pensioners are seeking to reverse the decision announced by Chancellor Rachel Reeves earlier this year to remove the universality of the payment.
The action is aided by the Govan Law Centre, with the group’s Mike Dailly acting as junior counsel.
Former first minister Alex Salmond – who died earlier this month and was buried on Tuesday – also played a part in bringing the action.
Last week, the Court of Session gave the green light for the case – against the Scottish Government and the UK Work and Pensions Secretary – to go ahead, with a preliminary hearing set for next month and a full substantive hearing in January.
The case’s argument rests on the accusation that both governments failed to adequately consult with those of pension age on the change and did not release an equality impact assessment on the changes.
A freedom of information request revealed an abridged version of such an assessment had been carried out by the Department for Work and Pensions, with the UK Government arguing a full study was not required.
Speaking at a press conference at the launch of the challenge in September, Mr Fanning said: “We intend to sue both the London and Scottish governments, since both are guilty through action and inaction of damaging the welfare of pensioners.
“We are hoping to be successful, given the manifest injustice involved, however my work as a trade unionist and shop steward has taught me that some battles are worth fighting regardless of the outcome – I believe this is one such battle.”
