Sussex Police Authority, R (on the application of) v Cooling & Anor

Sussex Police Authority, R (on the application of) v Cooling & Anor

The decision by Dr Cooling was quashed because, as a matter of law, Mr French's disablement did not arise from an injury received in the execution of duty as required by Regulation A11. Periods of suspension and the disciplinary process do not constitute being 'on duty', and failures by the employer in support or rehabilitation cannot convert such periods into duty for the purposes of an injury award.

Parties
Claimant: Sussex Police Authority; Defendant: Dr Nicholas Cooling; Interested Party: Mr Kevin French
Jurisdiction
England and Wales
Judgment Date
22 July 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; decision of Dr Cooling quashed; costs ordered against Mr French from the lodging of acknowledgments of service, subject to detailed assessment if not agreed. No order for costs against Dr Cooling.
Legal Topics
Police Pensions, Judicial Review of Medical Decisions, Injury in Execution of Duty, Costs Orders
Administrative Law Employment Law Police Law Police Pensions Judicial Review of Medical Decisions Injury in Execution of Duty Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sussex Police Authority

Claimant

Dr Nicholas Cooling

Defendant

Mr Kevin French

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the decision by Dr Cooling that Mr French's disablement was an injury in the execution of duty was correct in law under the Police Pensions Regulations 1987
  2. 2 Whether the process and circumstances leading to Mr French's disablement satisfy the statutory requirements for an injury award

Ratio Decidendi

The decision by Dr Cooling was quashed because, as a matter of law, Mr French's disablement did not arise from an injury received in the execution of duty as required by Regulation A11. Periods of suspension and the disciplinary process do not constitute being 'on duty', and failures by the employer in support or rehabilitation cannot convert such periods into duty for the purposes of an injury award.

Court Disposition

Claim allowed; decision of Dr Cooling quashed; costs ordered against Mr French from the lodging of acknowledgments of service, subject to detailed assessment if not agreed. No order for costs against Dr Cooling.

Orders

  • Decision of Dr Cooling quashed.
  • Matter to be reconsidered by another medical practitioner if Mr French wishes to pursue the application.