 para 93

Lord Carswell considered the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention"), as brought into play by the Human Rights Act 1998 and whether it was unlawful for the Government to operate legislation which has such an effect, para 93 and Carson had been discriminated against.The UK Government maintained that her case could not be compared to other, similar cases, and therefore she had failed to demonstrate discrimination.para 96 Lord Carswell stated that other judgments had missed the fact that Carson's financial position cannot be directly compared with those of pensioners either in the United Kingdom or in other countries, since exchange rates, inflation rates and the cost of living vary between these countries, therefore her case could not be directly compared with theirs and that accordingly she had not been discriminated against.