AFPG History

In the mid 1990's, a group of 20 civil servants in Cheltenham who had served in the armed forces for fewer than 22 years decided the the government's policy not to acknowledge time served in the armed forces before 1975 for pension purposes was not only morally wrong but also wrong in law. Holly Richmond, a solicitor based in Keynsham, Bristol, shared that view and agreed to act as the group's legal advisor. By 1999, the membership of the group had grown to comprise several hundred armed forces veterans nation-wide who felt aggrieved by their lack of pension rights.

The members subscribed equally to cover administration and legal costs. As word spread by word of mouth and media coverage, the group's numbers increased rapidly to more than 3,000 and membership was now world-wide. In 2003, it was the legal adviser's opinion that the time was right to challenge the Government in the High Court. The government vigorously defended the action but conceded that service pay before 1975 was adjusted downwards in comparison with notional civilian equivalents to cover benefits deemed to be enjoyed by armed forces personnel.

The Government insisted then, and still maintains, that this abatement of service pay was not made specifically to account for pension rights but has not shown convincing evidence to support this position. The Government argued that the AFPG was “out of time” and the High Court Judge upheld this but gave leave for the AFPG members to appeal if they wished to pursue their case. The AFPG decided to appeal but three High Court Judges ruled that there were no grounds for a hearing. Undeterred by these events, the AFPG members then took their appeal to the House of Lords but it was once more turned down. It was at this juncture, with a depleted membership of less than 2,000, that the legal advisor suggested that the group be reformed as a Company with Limited Liability

A vote taken at an Extraordinary General Meeting in February 2004 carried that motion. AFPG Ltd was established in June 2004 and directors were appointed. The Chairman of AFPG Ltd subsequently requested the former AFPG membership to provide relevant personal data to the new company. The first priority for AFPG Ltd was to take the case to the European Court of Human Rights, pleading a right to be heard in the British High Court. It was a widely held belief that the government of the day would wish to avoid a defence of its position and would settle out of court. In particular, if the case had been defended in the High Court, the Crown would have had to produce evidence that the abatement of service pay was not made to cover pension benefits.

Papers are being processed at the ECHR in Strasbourg - 16th December 2004

1. There is no news at the moment as our papers are being processed at the ECHR in Strasbourg. This is, as expected to be, a lengthy process and we will probably not hear anything until the Spring of 2005. For anyone who is interested in all the procedures and articles there is a website to browse which is: www.echr.int

2. There was a directors meeting on 9th December when it was agreed that former members of the Armed Forces Pension Group administered by Richmonds Solicitors who had paid no more than £385 in subscriptions should no longer be the responsibility of AFPG Ltd and therefore AFPG Ltd will no longer pay for the administration of the personnel who remain on the Richmonds Database. Richmonds are being requested to forward our letter to the remaining 40 or so ex members who have paid between £386 and £581 which encourages them to transfer their details to AFPG Ltd as this will be their last chance to do so.

3. There will be a selected letter going to all those members who have not yet completed their full subscription going out after the Christmas rush.

Dear Member - 8th September 2004

At long last we have a self-contained group, properly represented both legally and administratively I know that this is a position the majority of members want. It is time to move forward. In order to minimise costs and keeping in mind the reason that many of our members are continuing this fight, we have formed a Limited Company. Acting as a Company limits liabilities for business losses to assets that belong to the Company. Our own assets, such as house and car etc are protected. In order to do this, we have with Richmonds Solicitors assistance, purchased a dormant “ready made” company and re-named it AFPG Limited. For the day to day management of the company we have four directors. Mike Steel, Barry Wells, Charles Gerrish and Chris Watt. Mike Steel and Barry Wells are no doubt names you recognise as AFPG members, both have experience of the AFPG Group and, before retirement, working practice in management and small business. Charles Gerrish has worked as a bank manager and business manager to a firm of solicitors. Chris Watt is an ex army officer and is active in local and national politics. As a collective, we think that we have sufficient across the board experience to carry the fight forward to Strasbourg, to the European Court of Human Rights. For obvious reasons, we are retaining and instructing the same firm of Solicitors. Richmonds of Keynsham has worked with and for the AFPG since it was first formed. They have diligently researched and retain material, including witness statements, essential to our case. We all consider, and our legal advisory team is as certain as it can be, that our gross pay, during time in the armed forces, had an abatement to fund a retirement source. It is considered that paperwork exists to support this. If it didn’t, why did the Government fight us so voraciously in court? That point alone is worth remembering.

AFPG Ltd has 1,612 FULLY PAID UP MEMBERS. Well done and thank you for your loyalty and support. To those of you that have paid the bulk of their contribution, (approximately 450) is it really worth leaving the fight at this point? Does it make sense to spend such a vast amount of money and then throw in the towel? Mike Steel can tell you what the deficit is if you contact him. Why not come with us as we take it that extra mile? Remember the Lotto motto. “You have to be in it to win it”. Needless to say, it is not a cost free exercise. We are keeping costs minimal but not zero. Your Directors give their time freely, seeking recompense for costs such as office materials, essential communication and travelling expenses. Legal bills still have to be paid of course. We that have formed this company are intent on making the British Government, whichever colour it may be, produce evidence in court that money was not taken from pre 1975 service personnel without their knowledge. It is a considered opinion they will not want to do that and will settle out of court. This letter is being sent to the entire 2,158 members of the Armed Forces Pension Group, whether or not they have elected to continue the action with AFPG Ltd. Richmonds has completed the paperwork for Strasbourg European Court of Human Rights, but because the “Wheels of justice grind exceeding slow” a response will most likely not be made before 2005. If you want to be included in the action, the time to act is now. Why not top up your contribution by sending a cheque or postal order to Mike Steel at the Company address above. For further information, visit the web site www.afpg.info or contact any of the directors. Please bear in mind that if you speak to Richmonds Solicitors directly it will cost us (you) money.

Fund A Legal Team - July 2004

To achieve our aims we need to fund a legal team to represent the company in the European Court of Human Rights (ECHR). The estimated cost will be in the region of £150,000 – big bucks in anybody's terms! If the membership of August 2003 had stayed with us (just over 2000) and topped up their subscriptions as the majority has done, we would have had a £90,000 head start with Richmonds Solicitors writing off £98,000 of accumulated administrative costs. This was reported at the EGM in February 2004. The result is that, although Richmonds have written off that debt, the Company started with nothing. Not exactly true. Since forming the Limited Company, and given the media coverage (Daily Mail/Money section and Daily Telegraph/Mike Steel), further subscriptions from members, new members and donations have been coming in from those wishing to carry on the fight. It is estimated at the time of writing that we have £20,000 plus to start us off. This is very encouraging. To apply maximum pressure on the government, we need to take action at the ECHR. To this end, we will be presenting our papers to the ECHR by the end of August this year. Your Directors want this to succeed, if only to compensate them for their hard work and commitment in forming this Company and enabling the fight to continue. With everyone “topping up” their subscriptions, we very much hope that further funds will not be called for. This cannot be guaranteed but, as we are now totally controlling administration and therefore costs, if any monies are required in the future we will be able to forecast it and keep it to a minimum. For example, with a membership of 2,000+ and a requirement of say, another £40,000, then a letter to all members asking for £20 each would not be unreasonable. Your Company Directors are maintaining the integrity of the AFPG Ltd data base, keeping full financial records and pledge to keep the membership informed by whatever means at their disposal of “up to the minute” events. Mike Steel and Barry Wells are always ready to speak to members by telephone, e-mail or good old fashioned Royal Mail.