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McDonald says that the value of the pension is taken into account even when it is in payment as you are still deemed to be an active member of the pension scheme so it works against the party with the pension. Can you explain your situation a little more insofar as how you think the case of McDonald helps you?
A prior authority can be referred to in any court proceedings argued after the authority is handed down by the court. So even if the separation was before the McDonald case, it can still be argued. However, if your case is decided by the court or settled by way of Minute of Agreement already that could not be revisited.