Secretary of State for Defence v President of the Pension Appeal Tribunals (England and Wales): QBD 4 Feb 2004

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 High Court, and therefore no great hardship resulted. The PAT should have remitted the case for directions.

Judges:

The Honourable Mr Justice Newman

Citations:

[2004] EWHC 141 (Admin), Times 27-Feb-2004

Links:

Bailii

Statutes:

Pensions Appeal Tribunals Act 1943

Jurisdiction:

England and Wales

Armed Forces, Benefits

Updated: 09 June 2022; Ref: scu.192631