Marrion & Ors, R (on the application of) v Board of Medical Referees & Ors

Marrion & Ors, R (on the application of) v Board of Medical Referees & Ors

The correct construction of rule A10(2) is that permanent disablement depends on the relevant duty for which the fireman is being considered under his contract. If no non-operational redeployment is available, the question is limited to operational firefighting. The Board’s jurisdiction on appeal is limited to the issues raised by the fireman’s grounds of appeal; it cannot make binding decisions on unappealed issues.

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
Civil Appeal / Appeal From High Court (judicial Review)
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Public Sector Pensions, Firefighters’ Pension Scheme, Ill Health Retirement, Jurisdiction of Medical Boards
Administrative Law Employment Law Pensions Law Statutory Interpretation Public Sector Pensions Firefighters’ Pension Scheme Ill Health Retirement Jurisdiction of Medical Boards

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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

Civil Appeal / Appeal From High Court (judicial Review)

Legal Issues

  1. 1 What is the correct construction of 'duty' in rule A10(2) of the Firefighters’ Pension Scheme for the purposes of permanent disablement?
  2. 2 Does the Board of Medical Referees have jurisdiction to determine medical issues not expressly appealed by the fireman under the Scheme?

Ratio Decidendi

The correct construction of rule A10(2) is that permanent disablement depends on the relevant duty for which the fireman is being considered under his contract. If no non-operational redeployment is available, the question is limited to operational firefighting. The Board’s jurisdiction on appeal is limited to the issues raised by the fireman’s grounds of appeal; it cannot make binding decisions on unappealed issues.

Court Disposition

Appeal allowed

Orders

  • The decisions of the Boards of Medical Referees are quashed.
  • The appellants are entitled to retain their ill-health and (where applicable) injury pensions.