Cleveland Police Authority & Anor, R (on the application of) v Knapper

Cleveland Police Authority & Anor, R (on the application of) v Knapper

The mental illness suffered by PC Knapper was not received in the execution of duty as required by Regulation A11; it resulted from his failure to attend court and subsequent adverse publicity, not from stresses suffered through being at work. The award cannot stand under the principles established in Stunt and Kellam.

Parties
Claimant: Cleveland Police Authority; Defendant: Dr A D Watt; Interested Party: Gary Knapper
Jurisdiction
England and Wales
Judgment Date
23 March 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application allowed; decision quashed
Legal Topics
Police Pensions, Injury in Execution of Duty, Judicial Review, Medical Referee Decisions
Administrative Law Employment Law Public Law Police Pensions Injury in Execution of Duty Judicial Review Medical Referee Decisions

Case Brief

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Parties

Cleveland Police Authority

Claimant

Dr A D Watt

Defendant

Gary Knapper

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the mental illness suffered by PC Knapper constituted an injury received in the execution of duty under Police Pensions Regulations 1987, Regulation A11
  2. 2 Whether Dr Watt's decision was consistent with the legal principles established in R (Stunt) v Mallett and R v Kellam ex parte South Wales Police Authority

Ratio Decidendi

The mental illness suffered by PC Knapper was not received in the execution of duty as required by Regulation A11; it resulted from his failure to attend court and subsequent adverse publicity, not from stresses suffered through being at work. The award cannot stand under the principles established in Stunt and Kellam.

Court Disposition

application allowed; decision quashed

Orders

  • Decision of Dr Watt is quashed.
  • Matter to be reconsidered by another medical referee if the appeal is pursued.