Expat pensioner set to appeal

Annette Carson's claim was dismissed in May

A British expat pensioner, who could face bankruptcy following a High Court judgement, is to appeal, BBC News Online has learned

Annette Carson, 61, lost her fight in May to overturn the UK government's refusal to uprate her pension in line with inflation each year.

But speaking from South Africa, her solicitor Graham Chrystie told BBC News Online that papers would be lodged within the next 24 hours.

Mr Chrystie said: "The pensioners worldwide have not given up. That's the message from Canada, New Zealand and South Africa. The ruling was a set back, but they have not given up. "

Costly case

Last month, Mrs Carson's challenge was dismissed by the High Court, and she was ordered to pay costs which could reach an estimated £100,000.

Mrs Carson spent most of her working life in England, but moved to South Africa at the end of the 1980s.

As a British pensioner living in South Africa, Mrs Carson is among half a million worldwide who do not see their pensions increase in line with inflation each year.

Pensioners living in other countries, including Australia, Canada, New Zealand and Zimbabwe are also affected.

But an estimated 330,000 pensioners living in other countries, such as the United States and European Union countries do receive uprated pensions each year.

International diplomacy

Both the Canadian and Australian governments have been watching the case carefully.

Officials were in the High Court watching the proceedings, and both governments have been highly critical of the UK government's policy.

However, it is not known to what extent both governments could offer their support, and if this would extend to financial assistance.

Paul Dacam, a partner at City law firm Lovells, who represents the Australian government, said that the issue was now under consideration at a ministerial level in Australia.

"There obviously are difficulties [financial problems], our clients are aware of that and it is one of their considerations, "he said.

Mrs Carson's supporters said that they were concerned they may have to withdraw the appeal if financial support failed to materialise.

"Every effort is being made to secure adequate funding", said Mr Chrystie.

The UK Department for Work and Pensions said it had no comment to make at this stage.