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24 June 2025

Waspi Women Secure Legal Cost Cap In Pension Battle

A High Court ruling limits campaign’s legal fees liability, enabling continued challenge against government refusal of compensation for state pension age changes

On June 23, 2025, the Women Against State Pension Inequality (Waspi) campaign celebrated a significant legal breakthrough in their ongoing battle against the UK Government. The High Court approved a costs capping order that limits the campaign’s liability for legal fees to £60,000 if they lose their judicial review case. This development protects the group from potentially crippling financial losses and allows them to continue their fight for compensation on behalf of millions of women born in the 1950s.

The Waspi campaign is challenging the Government’s refusal to pay compensation to around 3.6 million women who were affected by the raising of the state pension age. These women had expected to receive their state pension at age 60 but were forced to wait an additional five or six years due to changes implemented without proper communication. The Department for Work and Pensions (DWP) failed to adequately inform these women of the changes, negatively impacting their retirement planning and causing financial hardship.

Angela Madden, chairwoman of Waspi, expressed relief and determination following the court’s decision. "Without this safeguard, we faced a real risk of financial ruin – of effectively being silenced by the threat of Government legal bills running into hundreds of thousands of pounds," Madden said. "This agreement – fully approved by the court – is a vital step forward in our legal campaign. We now have the certainty we need to press on – but the costs of fighting this case remain very real." She emphasized that the campaign’s legal team is making progress but that public support remains essential for success.

The costs capping order not only limits Waspi’s potential liability but also sets a cap of £90,000 on the Government’s liability for Waspi’s legal costs if the campaign wins. This mutual protection was secured after months of resistance from the DWP, which initially refused to agree to any limit on legal costs. The agreement was reached ahead of a scheduled court hearing, marking a major milestone for the campaign.

The campaign’s legal action stems from a damning March 2024 report by the Parliamentary and Health Service Ombudsman (PHSO), which found the DWP guilty of "maladministration" for failing to properly communicate the changes to the state pension age. The ombudsman recommended compensation payments ranging between £1,000 and £2,950 per affected individual. However, Labour ministers rejected the compensation scheme in December 2024, citing the prohibitive cost of up to £10.5 billion and arguing that 90% of women were aware of the changes.

Despite the Government’s rejection, Waspi launched a judicial review in April 2025, seeking to compel ministers to reconsider their position. The High Court granted permission for the case to proceed, with senior judge Mr Justice Swift ruling the case “arguable” and worthy of a full hearing. Legal experts suggest this means the campaign has a credible chance of success, though judges may not be able to force the Government to pay compensation directly.

Legal commentator Sahil Kher of Kingsley Napley noted, "Cost caps are only granted when there is a matter of general public importance, which considers, among other things, the number of people impacted and how significant that impact is. The Waspi women have succeeded in convincing the Court, or rather the Government has conceded the point, that this threshold is met. The fact that they have got permission to proceed with the judicial review means the judge has concluded that there is at least an arguable case with some prospect of success."

Waspi’s campaign has been supported by widespread public crowdfunding, raising over £225,000 towards legal fees. The funds cover not only the capped government costs but also the campaign’s own legal expenses. Madden credited the generosity of supporters beyond just Waspi women themselves, highlighting a broader public concern about the perceived injustice.

Historically, the Labour Party had promised compensation of up to £31,300 to affected women in the lead-up to the 2019 general election. However, this pledge was absent from their latest manifesto, and the party’s current leadership has ruled out compensation. Waspi has warned that up to 150 Labour MPs could lose their seats over this issue, potentially handing gains to the Reform Party, underscoring the political sensitivity of the matter.

The Department for Work and Pensions declined to comment on the ongoing litigation but reiterated their apology for a 28-month delay in notifying affected women. A DWP spokesperson said, "We do not agree with the ombudsman’s approach to injustice or remedy, and that is why we have decided not to pay compensation." This stance has only intensified the campaigners’ resolve to seek justice through the courts.

While legal experts caution that even a successful judicial review may not compel the Government to pay compensation, Waspi hopes that a court ruling declaring the Government’s decision unreasonable will create enough political pressure to force a reversal. Madden stated, "We want all MPs in the Commons to support us. Because if the Government is found to have acted unlawfully, we hope they would allow members to vote [on compensation]." The campaign sees the court case as a crucial step in holding ministers accountable and securing fair treatment for millions of women.

The Waspi campaign’s fight highlights a broader issue of governmental accountability and the challenges faced by citizens when policy changes are poorly communicated. For the women born in the 1950s who now face delayed retirement benefits, the stakes are deeply personal, involving financial security and dignity in later life.

As preparations continue for a full court hearing later in 2025, Waspi remains focused on rallying public support and maintaining momentum. "This is the fight of our lives," Madden said. "We can’t win it without public support." The campaign’s success in securing the cost cap has removed a major financial hurdle, but the legal battle is far from over.

With the High Court poised to examine the Government’s conduct and the wider public watching closely, the outcome of this case could set an important precedent for how the state handles pension reforms and compensates those adversely affected. For now, the Waspi women stand united, determined to see their fight through to the end.