A High Court case to change the UK's default retirement age has lost its case.

Recruiter reports a case was brought before the High Court by Age Concern and Help the Aged, arguing the compulsory retirement age contravenes EU regulations.

However, Mr Justice Blake said that while a default retirement age (DRA) of 65 would be unlikely to be lawful if it was introduced this year due to the state of the economy, it was a different matter three years ago when the DRA was agreed.

He stated his decision to allow a DRA of 65 in 2006 was based on the circumstances and evidence available then, though he recognised the "very substantial weight" of arguments put forward by Age Concern and Help the Aged.

Mr Justice Blake pointed to the government's decision to bring forward a review of DRA from 2011 to 2010 which will debate whether a DRA is still “appropriate and necessary”.

Recruiter reports hundreds of retirement-related Employment Tribunal cases, which have been on hold awaiting the outcome of this legal challenge, may now proceed.

The Employment Tribunal will have to consider the Judge’s observations on the legality of a DRA of 65 in 2009 when hearing these cases.