Fisher, R (on the application of) v The Chief Constable of Northumbria & Anor [2017] EWHC 455 (Admin) (08 March 2017)

Fisher, R (on the application of) v The Chief Constable of Northumbria & Anor [2017] EWHC 455 (Admin) (08 March 2017)

The Police Medical Appeal Board erred in law by failing to consider or explain the use of the claimant's police earnings as the uninjured earnings comparator and by failing to give adequate reasons for its choice; the Chief Constable's decision to backdate the pension reduction to the date of the SMP's report was unlawful as any change should take effect from the date of the Board's decision.

Citation
[2017] EWHC 455 (Admin)
Parties
Claimant: Stanley John Fisher; First Defendant: Chief Constable of Northumbria; Second Defendant: Police Medical Appeal Board
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; Board's decision quashed and remitted; backdating decision quashed
Legal Topics
Police Injury Pensions, Judicial Review of Administrative Decisions, Statutory Interpretation, Disability Assessment, Backdating of Pension Awards
Administrative Law Pensions Law Employment Law Police Injury Pensions Judicial Review of Administrative Decisions Statutory Interpretation Disability Assessment Backdating of Pension Awards

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Parties

Stanley John Fisher

Claimant

Chief Constable of Northumbria

First Defendant

Police Medical Appeal Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Police Medical Appeal Board erred in its approach to the uninjured earnings comparator for injury pension calculation
  2. 2 Whether the Board erred in its assessment of injured earning capacity by reference to inappropriate comparator jobs
  3. 3 Whether the Board erred in using midpoint salaries for earning capacity assessment

Ratio Decidendi

The Police Medical Appeal Board erred in law by failing to consider or explain the use of the claimant's police earnings as the uninjured earnings comparator and by failing to give adequate reasons for its choice; the Chief Constable's decision to backdate the pension reduction to the date of the SMP's report was unlawful as any change should take effect from the date of the Board's decision.

Court Disposition

Claim allowed in part; Board's decision quashed and remitted; backdating decision quashed

Orders

  • Matter remitted to the Police Medical Appeal Board for redetermination in accordance with the judgment
  • Chief Constable's decision to backdate the reduction in pension is quashed; any alteration to run from the date of the Board's decision