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

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

The Pensions Appeal Tribunal had no power to entertain the appeal as it was brought outside the statutory time limits prescribed by Section 8 of the Pensions Appeal Tribunal Act 1943 and relevant regulations; no valid commencement date decision was notified to Mr Burrows in the letter of 17 February 2005.

Parties
Claimant: Secretary of State for Defence; Defendant: Pensions Appeal Tribunal; Interested Party: Mr Burrows
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
appeal allowed; tribunal decision quashed
Legal Topics
Statutory Time Limits, War Pensions, Appeals Procedure
Administrative Law Pensions Law Statutory Time Limits War Pensions Appeals Procedure

Case Brief

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Parties

Secretary of State for Defence

Claimant

Pensions Appeal Tribunal

Defendant

Mr Burrows

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Pensions Appeal Tribunal had power to hear an appeal outside statutory time limits
  2. 2 Whether a commencement date decision was notified to Mr Burrows

Ratio Decidendi

The Pensions Appeal Tribunal had no power to entertain the appeal as it was brought outside the statutory time limits prescribed by Section 8 of the Pensions Appeal Tribunal Act 1943 and relevant regulations; no valid commencement date decision was notified to Mr Burrows in the letter of 17 February 2005.

Court Disposition

appeal allowed; tribunal decision quashed

Orders

  • The decision of the Pensions Appeal Tribunal of 23 March 2007 is quashed.