The claimant renewed his application for leave to appeal against refusal of a judicial review of a decision of the Pensions Appeal Tribunal. He was injured in a motorcycle accident whilst on National Service in 1951. He challenged a decision to reduce his disability pension from 70 to 30 per cent. The appeal tribunal had … Continue reading Bunce, Regina (on the Application of) v Pensions Appeal Tribunal: CA 7 Apr 2009
Where there was an appeal under section 5(1) of the 1943 Act on the issue of assessment only, the tribunal must start upon the basis of the minister’s acceptance that there was a disability within article 41(1) of the 2006 Order. Judges: Langstaff J Citations: [2007] EWHC 471 (Admin) Links: Bailii Statutes: Pensions Appeal Tribunals … Continue reading Scanlon, Regina (on the Application of) v Pensions Appeal Tribunals and Another: Admn 31 Jan 2007
The secretary appealed a decision of the Pensions Appeal Tribunal to set aside a decision of the Pensions Tribunal. The applicant had been awarded a service pension. Held: The PAT had no general power to set aside a decision of the tribunal for an irregularity. The rules provided for a right of appeal to the … Continue reading Secretary of State for Defence v President of the Pension Appeal Tribunals (England and Wales): QBD 4 Feb 2004
Appeals were against decisions of Pensions Appeal Tribunals relating to claims for pensions in respect of death or disablement by war injuries. Article 4(1) of the Royal Warrant concerning Retired Pay, Pensions, etc dated December 1943 (Cmd 6489) provided that in no case was there to be an onus on any claimant to prove that … Continue reading Irving v Minister of Pensions: SCS 1945
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The fact that the Secretary of State has issued a certificate under section 10(1)(b) is no guarantee that the person in respect of whose case it is issued will be awarded a pension. Citations: [1955] 3 All ER 245, [1955] 1 WLR 1116 Statutes: Crown Proceedings Act 1947 10(1)(a)(b), Pensions Appeal Tribunals Act 1943 10(1)(b) … Continue reading Adams v War Office: QBD 1955
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
Wrongful Refusal of Benefits The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had no means of contacting them. Held: Deciding a … Continue reading Kerr v Department for Social Development (Northern Ireland): HL 6 May 2004
