ABSTRACT
This provision is unaffected by developments at the European level concerning pensions, which are primarily dependent on the interpretation of ‘pay’ in Art 119 of the Treaty of Rome.65 In any event, the European Court has approved the use of actuarial tables in some forms of pension arrangements.66 In Pinder v Friends Provident Life Office,67 it was held to be reasonable for the defendants to charge a female selfemployed dentist 50% more than men for permanent health insurance. As the available statistics for private insurance lacked detail, considerable reliance was placed on National Insurance statistics, even though they had been prepared for a different purpose. Furthermore, the county court held that the 50% loading was reasonable, even though by its own admission it was on the high side. They considered the amount of the weighting to be in the end a matter of commercial judgment. There is no rigorous examination of the policy, great deference to the company being manifested. The lack of subsequent litigation on this issue is perhaps surprising and there is a strong case for the repeal of this provision.
