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England and Wales Case Law

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Administrative law

RB v Secretary of State for Defence

The Upper Tribunal held that the Pensions Appeal Tribunal wrongly treated a war pensions case as entitlement-only and failed to consider the assessment appeal.

  • War pensions
  • Disablement assessment
  • Statutory appeals
  • Procedural fairness
  • Open justice
  • War-pensions
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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

DA-B v Secretary of State for Defence

The Upper Tribunal allowed an appeal in an AFCS PTSD rating case, holding that the First-tier Tribunal gave inadequate reasons and applied the descriptors too rigidly.

  • War pensions
  • Armed forces compensation scheme
  • Mental disorders assessment
  • Tribunal procedure
  • Error of law
  • Armed-forces-compensation-scheme
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Administrative law

CS v Secretary of State for Defence

The Upper Tribunal dismissed an appeal about a war pension disablement assessment, holding that the First-tier Tribunal was entitled to make a composite assessment for overlapping neck conditions.

  • War pensions
  • Disablement assessment
  • Composite assessment
  • Procedural fairness
  • Adequacy of reasons
  • War-pensions
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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

MH v The Secretary of State for Defence

The Upper Tribunal allowed appeals against two First-tier Tribunal decisions in war pensions matters, finding material errors of law and remitting both cases.

  • War pensions
  • Disablement assessment
  • Mobility supplement
  • Statutory interpretation
  • Procedural fairness
  • War-pensions
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Administrative law

DN v The Secretary of State for Defence

The Upper Tribunal dismissed an Armed Forces Compensation Scheme appeal, holding that earlier causation findings did not bind the later tariff assessment of hearing loss.

  • War pensions
  • Armed forces compensation scheme
  • Issue estoppel
  • Tribunal procedure
  • Causation of injury
  • Tariff assessment
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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.