Duncan Campbell v NHS Business Services Authority

Duncan Campbell v NHS Business Services Authority

Regulation C2(5) deems pensionable employment to continue for the period of untaken leave, even after actual cessation of work or death. Therefore, Mrs Campbell was still in pensionable employment at her death and had not retired from pensionable employment for the purposes of Regulation E2A. She was not entitled to commuted ill health retirement benefits but only to death in service benefits.

Parties
Appellant: Duncan Campbell; Respondent: NHS Business Services Authority
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Pension Scheme Regulations, Ill Health Retirement Benefits, Deeming Provisions
Pensions Law Administrative Law Statutory Interpretation Pension Scheme Regulations Ill Health Retirement Benefits Deeming Provisions

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 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Duncan Campbell

Appellant

NHS Business Services Authority

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of Regulation E2A of the National Health Service Pension Scheme Regulations 1995/300
  2. 2 Whether Mrs Campbell retired from pensionable employment before her death for the purposes of ill health retirement benefits
  3. 3 Effect of Regulation C2(5) deeming provision on pensionable employment status

Ratio Decidendi

Regulation C2(5) deems pensionable employment to continue for the period of untaken leave, even after actual cessation of work or death. Therefore, Mrs Campbell was still in pensionable employment at her death and had not retired from pensionable employment for the purposes of Regulation E2A. She was not entitled to commuted ill health retirement benefits but only to death in service benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No variation to the costs order limiting appellant's costs exposure to £25,000