 She had found that the annual increase to the UK State Pension is payable in countries like the UK, the European Economic Area (EEA) and a number of disparate countries (the United States, for example), whilst not being payable in predominantly Commonwealth countries such as Australia, Canada, New Zealand and South Africa.Carson claimed that under Article 1 her state pension, or alternatively its uprating, are "pecuniary rights", and therefore “possessions” within the meaning of Article 1 of the First Protocol and Article 14.In her original case, Justice Burnton had found in favour of the UK Government, citing that the judiciary should not override legislative UK government policy.