Bostock, R (on the application of) v Entwhistle & Anor

Bostock, R (on the application of) v Entwhistle & Anor

The defendant erred in law by failing to properly consider the effect of appropriate medical treatment on the permanency of the claimant's disablement in accordance with Regulation A12(1), A12(1A), and A12(2).

Parties
Claimant: Terence Bostock; Defendant: Dr Ian Reid Entwhistle; Interested Party: West Yorkshire Police Authority
Jurisdiction
England and Wales
Judgment Date
30 April 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Determination quashed and remitted for reconsideration by a fresh medical referee.
Legal Topics
Police Pensions, Medical Retirement, Judicial Review, Permanent Disablement, Injury on Duty
Administrative Law Employment Law Police Pensions Medical Retirement Judicial Review Permanent Disablement Injury on Duty

Case Brief

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Parties

Terence Bostock

Claimant

Dr Ian Reid Entwhistle

Defendant

West Yorkshire Police Authority

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the defendant erred in law in determining the permanency of the claimant's disablement due to anxiety under the Police Pensions Regulations 1987
  2. 2 Whether the defendant failed to properly consider the effect of appropriate medical treatment on the permanency of disablement as required by Regulation A12(1A)

Ratio Decidendi

The defendant erred in law by failing to properly consider the effect of appropriate medical treatment on the permanency of the claimant's disablement in accordance with Regulation A12(1), A12(1A), and A12(2).

Court Disposition

Determination quashed and remitted for reconsideration by a fresh medical referee.

Orders

  • The defendant's determination is quashed.
  • The appeal is remitted for further consideration by a fresh medical referee.