Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Objective justification definition

What does Objective justification mean? In competition law, objective justification is a defence by which a dominant undertaking seeks to show that conduct appearing abusive is necessary or efficiency‑enhancing and therefore lawful. The concept is not defined in statute; it derives from EU case law under Article 102 TFEU and is applied by the UK under the Chapter II prohibition of the Competition Act 1998 and in Ireland under section 5 of the Competition Act 2002, consistently with EU law. The dominant firm bears the burden of proof. It must demonstrate that the conduct is: - objectively necessary or produces verifiable efficiencies that outweigh...

Objective justification in pension discrimination: tests, social policy aims, costs-plus, government margin, and key cases for employers, trustees and managers

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note includes citations and references to case law decisions from the Court of Justice of the European Union (CJEU). For guidance on whether EU judgments bind UK courts, see Practice Note: Assimilated law — Assimilated case law.

What is Objective justification?

As set out below, objective justification can operate as a potential defence to allegations of either direct or Indirect Discrimination, though it is available only in very limited and exceptional circumstances in claims of direct discrimination.

Under the Equality Act 2010 (EqA 2010), there is Prima facie indirect discrimination where A subjects B to the application of a provision, criterion or practice (often termed a ‘PCP’) that is discriminatory in relation to a relevant protected characteristic of B’s. A PCP is discriminatory if:

A applies, or would apply, it to persons who do not share B’s characteristic
it places, or would place, those who share B’s characteristic at a particular disadvantage when compared with persons who do not share it, and
it places, or would place, B at that disadvantage

This is commonly and widely referred to as the ‘group disadvantage’ test...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Elizabeth Ovey

Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...