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Good afternoon. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.
in what is this in relation to please?
The selection board may choose different criteria but everything else you are 52 up until the day you turn 53.
Sometimes organisations will refer to “age attained” and if it was on that basis it would be on your 52nd birthday
52 and under it would in my opinion imply age attained. However I have done little bit of research just (not case law, just a little bit of research) and the general consensus disagrees with me which is that up to age 52 means the day of your 52nd birthday.
There may be case law hidden in an archive somewhere but that’s going to cost 350 pounds per hour to research and outside the scope of the site although a barrister may give you an opinion and the case law for about 600 pounds plus VAT so it may not actually be worth it.
It may not be favourable either.
What they would be able to rely on however is all the previous decisions basically, custom and practice.
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