EMAG

The independent action group for current and ex Equitable Life policyholders, funded by contributions.

Equitable Members Action Group

Equitable Members Action Group Limited, a company limited by guarantee, number 5471535 registered in the UK
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EMAG legal fighting fund

Hold the Government to account!

You can help us fight for justice by making a contribution.

On 15 January the Government snubbed Parliament's own Ombudsman (PO) in its response to her Report. In rejecting many of her recommendations, and in asking a retired judge to decide - with very narrow terms of reference - who merits an ex-gratia payment because they are "disproportionately affected" by financial loss, the Government has created a pale shadow of the proper independent tribunal that the PO called for. EMAG believes this will inevitably involve means-testing. Further, we estimate it will reduce payments by more than 90% of what's due according to the PO, and rule out all Equitable policies that were started before 1999. This is a truly shocking state of affairs. The Treasury says that it does not recognise our figures, but it refuses to clarify the position.

EMAG has started legal proceedings

After lengthy preparation, on 13 March EMAG delivered to the Treasury a comprehensive 'Pre-Action Protocol' letter. This puts the Treasury on notice that we are preparing to seek a Judicial Review of its response the PO's Report (in Command Paper 7538). The Treasury claimed that it had advice from actuaries and lawyers that justifies its rejection of the PO's findings of Injustice, but it obstinately refuses to publish that advice.

Our Pre-Action Protocol

The Pre-Action Protocol sets out 13 heads that EMAG may use to challenge the Treasury. It is not an easy document to read but it shows just how thoroughly EMAG and its lawyers have worked to demolish the half-truths and evasions in the Government's mealy-mouthed response to the PO's report. If you read the 55-page letter in full you will understand how the Government has bent every sinew to avoid paying us proper compensation. We cannot let them get away with it. You can read this vital and devastating document - paid for by EMAG members - at: www.emag.org.uk/documents/PAT.pdf

This formal notification requires a response from the Treasury within two weeks. Then we have only until 15 April to commence litigation in the High Court.

Here's what our lawyers Bindmans, have to say

We consider that in important respects the Government's response to the Ombudsman's report will not stand up to scrutiny by the courts. The Government has not explained, either adequately or in some cases at all, its reasons for rejecting the Ombudsman's careful findings of maladministration or injustice. There are also good grounds for challenging the Government's decision to restrict any ex-gratia payments to limited classes of policyholder, and to seek to dilute the loss which the Ombudsman found to have been sustained.

Are you one of those who could make a £100 contribution?

We are asking all EMAG members to contribute whatever you can reasonably afford NOW towards a legal fighting fund, ideally £100. If we don't raise a sufficient sum it won't happen and the Government will win by default. To serve a claim for Judicial Review we have to lodge it by 15 April at the very latest. So, time is of the essence. This is our last chance to get justice through the courts.

Click here to download a letter from EMAG and a donation form to go with your cheque (payable to 'EMAG Limited').

The address for donations is:

EMAG
PO Box 899
Canterbury
CT4 7WQ