Secretary of State for Defence, R (on the application of) v The Pensions Appeal Tribunal

Secretary of State for Defence, R (on the application of) v The Pensions Appeal Tribunal

The Pensions Appeal Tribunal does not have jurisdiction to entertain an appeal against a refusal by the Secretary of State to undertake a review under Article 67, as such a refusal is not a specified decision under the relevant statutory framework.

Parties
Claimant: Secretary of State for Defence; Defendant: Pensions Appeal Tribunal; Interested Party: Mr Harry Hornsby
Jurisdiction
England and Wales
Judgment Date
14 July 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; Tribunal's decision quashed
Legal Topics
War Pensions, Appeal Rights, Jurisdiction of Tribunals, Statutory Interpretation
Administrative Law Pensions Law War Pensions Appeal Rights Jurisdiction of Tribunals Statutory Interpretation

Case Brief

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Parties

Secretary of State for Defence

Claimant

Pensions Appeal Tribunal

Defendant

Mr Harry Hornsby

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Pensions Appeal Tribunal has jurisdiction to entertain an appeal against a refusal by the Secretary of State for Defence to review the amount of a war pension or gratuity.

Ratio Decidendi

The Pensions Appeal Tribunal does not have jurisdiction to entertain an appeal against a refusal by the Secretary of State to undertake a review under Article 67, as such a refusal is not a specified decision under the relevant statutory framework.

Court Disposition

Claim allowed; Tribunal's decision quashed

Orders

  • The decision of the Pensions Appeal Tribunal dated 27th April 2006 is quashed.