Major v Chief Constable of Essex Police & Anor [2024] EWHC 3290 (Admin) (18 December 2024)

Major v Chief Constable of Essex Police & Anor [2024] EWHC 3290 (Admin) (18 December 2024)

It was necessary for the Selected Medical Practitioner to issue a fresh report in 2023, as a new medical condition (alcohol dependence) was diagnosed that was not included in the 2019 report. The failure to issue a fresh report deprived the claimant of his statutory right of appeal. The Court declared that a fresh report must be issued, and appeal rights arise upon its receipt.

Citation
[2024] EWHC 3290 (Admin)
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 / Final Judgment
Outcome
Claim succeeded in part; declaration granted
Legal Topics
Police Pensions Regulations 2015, Ill Health Retirement, Appeal Rights, Permanent Medical Unfitness, Statutory Interpretation
Administrative Law Pensions Law Employment Law Police Pensions Regulations 2015 Ill Health Retirement Appeal Rights Permanent Medical Unfitness Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Christopher Major

Claimant

Chief Constable of Essex Police

First Defendant

Dr William Cheng

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision of the Selected Medical Practitioner (SMP) was a reconsideration or a fresh referral under the Police Pensions Regulations 2015
  2. 2 Whether the claimant has a right of appeal following the SMP's 2023 report
  3. 3 Whether the SMP applied the correct test for permanent medical unfitness

Ratio Decidendi

It was necessary for the Selected Medical Practitioner to issue a fresh report in 2023, as a new medical condition (alcohol dependence) was diagnosed that was not included in the 2019 report. The failure to issue a fresh report deprived the claimant of his statutory right of appeal. The Court declared that a fresh report must be issued, and appeal rights arise upon its receipt.

Court Disposition

Claim succeeded in part; declaration granted

Orders

  • Declaration that it is necessary for Dr Cheng to issue a fresh report including the diagnosis of alcohol dependence pursuant to Schedule 1, paragraph 3(4) of the Police Pensions Regulations 2015
  • Declaration that the claimant's right of appeal to the Police Medical Appeal Board arises following receipt of the fresh report