Christopher Major v Chief Constable of Essex Police & Anor

Christopher Major v Chief Constable of Essex Police & Anor

It was necessary for Dr Cheng to issue a fresh report under paragraph 3(4) of Schedule 1 to the Police Pensions Regulations 2015, as a new medical condition (alcohol dependence) was identified in 2023 that was not present in the 2019 report. The absence of such a report meant the claimant's right of appeal had not arisen, and the court declared that a fresh report must be issued, after which the right of appeal will be available.

Parties
Claimant: Christopher Major; First Defendant: Chief Constable of Essex Police; Second Defendant: Dr William Cheng
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed in part (judicial review succeeds on Ground 2, fails on Ground 1)
Legal Topics
Police Pensions, Judicial Review Procedure, Medical Retirement, Appeals and Reconsiderations
Administrative Law Employment Law Pensions Law Police Pensions Judicial Review Procedure Medical Retirement Appeals and Reconsiderations

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Major

Claimant

Chief Constable of Essex Police

First Defendant

Dr William Cheng

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to appeal the decision of the Selected Medical Practitioner following a reconsideration under the Police Pensions Regulations 2015
  2. 2 Whether the referral to the Selected Medical Practitioner in 2023 was a reconsideration or a fresh referral under the statutory scheme
  3. 3 Whether the Selected Medical Practitioner was required to issue a fresh report identifying new medical conditions

Ratio Decidendi

It was necessary for Dr Cheng to issue a fresh report under paragraph 3(4) of Schedule 1 to the Police Pensions Regulations 2015, as a new medical condition (alcohol dependence) was identified in 2023 that was not present in the 2019 report. The absence of such a report meant the claimant's right of appeal had not arisen, and the court declared that a fresh report must be issued, after which the right of appeal will be available.

Court Disposition

Claim allowed in part (judicial review succeeds on Ground 2, fails on Ground 1)

Orders

  • Declaration that it is necessary for Dr Cheng to issue a fresh report including the additional diagnosis of alcohol dependence
  • Declaration that the right of appeal to the appeal board arises following receipt of that fresh report