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England and Wales Case Law

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Administrative law

Wilfred Rabone v Secretary of State for Defence

The Upper Tribunal dismissed a claim for compensation for COVID-19 and consequential tinnitus, holding the workplace occurrence of infection was not shown to exceed what would normally be expected.

  • Armed forces compensation
  • Exogenous infection exclusion
  • Covid-19 claims
  • Tinnitus as a consequence of covid-19
  • Statutory interpretation
  • Armed-forces-compensation
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Administrative law

GA v Secretary of State for Defence

The Upper Tribunal set aside a First-tier Tribunal decision on an Armed Forces compensation appeal, finding errors of law and remitting the case for rehearing.

  • War pensions
  • Armed forces compensation
  • Tribunal procedure
  • Errors of law
  • Armed-forces-compensation
  • Tribunal-appeal
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Administrative law

CB v Secretary of State for Defence

The Upper Tribunal allowed CB’s appeal, set aside the First-tier Tribunal’s decision for legal error, and remitted the compensation claim for reconsideration.

  • War pensions
  • Armed forces compensation
  • Procedural fairness
  • Adequacy of reasons
  • Treatment of evidence
  • War-pensions
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Administrative law

The Secretary of State for Defence v CJP

The Upper Tribunal held that a left-hand injury sustained at MCTC after discharge from the RAF was not caused by service under the AFCS.

  • Armed forces compensation
  • War pensions
  • Causation
  • Service-related injury
  • Statutory interpretation
  • Armed-forces-compensation
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Administrative law

CRP v Secretary of State for Defence

The Upper Tribunal upheld the tariff interpretation in MD, found the First-tier Tribunal gave inadequate reasons, and re-made the case in CRP’s favour subject to objection.

  • War pensions
  • Armed forces compensation
  • Statutory interpretation
  • Medical evidence
  • Tribunal procedure
  • Statutory-interpretation
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Administrative law

MJU v Secretary of State for Defence

The Upper Tribunal held that the First-tier Tribunal gave inadequate reasons on causation under the AFCS and perversely found no evidence of work-related stress.

  • War pensions
  • Armed forces compensation
  • Error of law
  • Adequacy of reasons
  • Causation
  • Burden of proof
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Administrative law

MA v The Secretary of State for Defence

The Upper Tribunal dismissed this AFCS appeal as academic after the Secretary of State made a later compensation award, leaving the article 47 time-limit issue undecided.

  • Armed forces compensation
  • Statutory interpretation
  • Time limits for claims
  • Review of decisions
  • Armed-forces-compensation
  • Statutory-interpretation
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Administrative law

JOC v The Secretary of State for Defence (AFCS)

The Upper Tribunal dismissed an appeal over a revised war pension assessment for hearing loss, holding the 2006 Order applies only to pre-6 April 2005 service.

  • War pensions
  • Armed forces compensation
  • Statutory interpretation
  • Review of administrative decisions
  • Disablement assessment
  • War-pensions
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Public law [2019] EWCA Civ 1271

Langford v The Secretary of State for Defence

Langford v The Secretary of State for Defence [2019] EWCA Civ 1271 (17 July 2019)

The Court of Appeal held that denying Armed Forces survivor benefits to a long-term partner who remained married to another person was unlawfully discriminatory and allowed the appeal.

  • Discrimination
  • Welfare benefits
  • Armed forces compensation
  • Article 14 echr
  • Article 1 protocol 1 echr
  • Proportionality
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Administrative law

HH-T v Secretary of State for Defence (WP)

The Upper Tribunal set aside a First-tier Tribunal decision on armed forces disablement assessment and remitted the case for a fresh hearing.

  • War pensions
  • Armed forces compensation
  • Disablement assessment
  • Statutory interpretation
  • War-pensions
  • Armed-forces-compensation
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.