Marrion & Ors, R (on the application of) v Board of Medical Referees & Ors [2009] EWCA Civ 450 (06 April 2009)

Marrion & Ors, R (on the application of) v Board of Medical Referees & Ors [2009] EWCA Civ 450 (06 April 2009)

Following the 2004 amendment, 'duty' in the Firefighters' Pension Scheme refers to all duties appropriate to the role of a regular firefighter, not just operational duties. Therefore, a firefighter is only permanently disabled for the purposes of the Scheme if he is incapable of performing all such duties. The Board of Medical Referees is limited to deciding the medical issues expressly raised in the appellant's notice of appeal and cannot decide unappealed issues without notice to the appellant.

Citation
[2009] EWCA Civ 450
Parties
Appellant / Claimant: Martin Marrion; Appellant / Claimant: Neil Robert Burke; Appellant / Claimant: Andrew Scott; Respondent / Defendant: The Boards of Medical Referees; Interested Party / Respondent: London Fire and Emergency Planning Authority; Interested Party / Respondent: The Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
06 April 2009
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court
Outcome
Appeal dismissed on the 'duty' issue; allowed on the 'jurisdiction' issue.
Legal Topics
Firefighters' Pension Scheme, Ill Health Retirement, Interpretation of 'duty' in Pension Regulations, Jurisdiction of Medical Referees, Public Sector Pension Amendments
Administrative Law Employment Law Pensions Law Public Law Firefighters' Pension Scheme Ill Health Retirement Interpretation of 'duty' in Pension Regulations Jurisdiction of Medical Referees +1 more

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Parties

Martin Marrion

Appellant / Claimant

Neil Robert Burke

Appellant / Claimant

Andrew Scott

Appellant / Claimant

The Boards of Medical Referees

Respondent / Defendant

London Fire and Emergency Planning Authority

Interested Party / Respondent

The Secretary of State for Communities and Local Government

Interested Party / Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether 'duty' in the Firefighters' Pension Scheme refers only to operational duties or includes non-operational duties for the purpose of permanent disablement
  2. 2 Whether the Board of Medical Referees has jurisdiction to consider medical issues not expressly appealed by the firefighter

Ratio Decidendi

Following the 2004 amendment, 'duty' in the Firefighters' Pension Scheme refers to all duties appropriate to the role of a regular firefighter, not just operational duties. Therefore, a firefighter is only permanently disabled for the purposes of the Scheme if he is incapable of performing all such duties. The Board of Medical Referees is limited to deciding the medical issues expressly raised in the appellant's notice of appeal and cannot decide unappealed issues without notice to the appellant.

Court Disposition

Appeal dismissed on the 'duty' issue; allowed on the 'jurisdiction' issue.

Orders

  • Decisions of the Boards of Medical Referees quashed for breach of natural justice.
  • Remitted for reconsideration by Boards limited to the issues raised in the notices of appeal.