Merseyside Police Authority, R (on the application of) v Gidlow & Anor [2004] EWHC 2807 (Admin) (08 December 2004)

Merseyside Police Authority, R (on the application of) v Gidlow & Anor [2004] EWHC 2807 (Admin) (08 December 2004)

A police officer's psychiatric injury arising from grievance procedures and the perceived failure of the authority to vindicate him is not an injury 'received in the execution of duty' under the Police Pensions Regulations 1987. The medical referee erred in law by misapplying the legal test and considering irrelevant factors. The decision must be quashed and remitted for reconsideration by a different medical referee.

Citation
[2004] EWHC 2807 (Admin)
Parties
Claimant: The Merseyside Police Authority; Defendant: Dr D A Gidlow; Interested Party: Godfrey Reilly-Cooper
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Judicial Review / High Court Judgment on Application to Quash Decision of Medical Referee
Outcome
Decision of the medical referee quashed and matter remitted for reconsideration by a different medical referee.
Legal Topics
Police Pensions, Injury Awards, Judicial Review, Interpretation of 'in the Execution of Duty', Psychiatric Injury, Medical Referees' Legal Role
Administrative Law Employment Law Pensions Law Police Pensions Injury Awards Judicial Review Interpretation of 'in the Execution of Duty' Psychiatric Injury +1 more

Case Brief

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Parties

The Merseyside Police Authority

Claimant

Dr D A Gidlow

Defendant

Godfrey Reilly-Cooper

Interested Party

Procedural Posture

Judicial Review / High Court Judgment on Application to Quash Decision of Medical Referee

Legal Issues

  1. 1 Whether psychiatric injury suffered by a police officer as a result of grievance procedures constitutes an injury 'received in the execution of duty' under the Police Pensions Regulations 1987
  2. 2 Whether the medical referee erred in law in upholding the officer's appeal for an injury award

Ratio Decidendi

A police officer's psychiatric injury arising from grievance procedures and the perceived failure of the authority to vindicate him is not an injury 'received in the execution of duty' under the Police Pensions Regulations 1987. The medical referee erred in law by misapplying the legal test and considering irrelevant factors. The decision must be quashed and remitted for reconsideration by a different medical referee.

Court Disposition

Decision of the medical referee quashed and matter remitted for reconsideration by a different medical referee.

Orders

  • The decision of Dr Gidlow is quashed.
  • Mr Reilly-Cooper's appeal is remitted for hearing by a different medical referee.