Phillips v Strathclyde Joint Police Board For Judicial Review [2001] ScotCS 208 (17 August 2001)

Phillips v Strathclyde Joint Police Board For Judicial Review [2001] ScotCS 208 (17 August 2001)

The medical referee misdirected himself by treating the 'ordinariness' of police experiences as determinative; the correct test is whether the disablement was substantially caused by experiences in the execution of duty, regardless of whether those experiences were ordinary or extraordinary for a policeman.

Citation
[2001] ScotCS 208
Parties
Petitioner: Peter Phillips; Respondents: Strathclyde Joint Police Board
Jurisdiction
Scotland
Judgment Date
17 August 2001
Procedural Posture
Judicial Review / Opinion of Outer House, Court of Session
Outcome
Petitioner's application partially granted; decree of reduction of Dr. Crawford's determination; case remitted for reconsideration.
Legal Topics
Police Pensions, Injury Awards, Causation in Disability, Judicial Review of Medical Determinations
Administrative Law Employment Law Pensions Law Police Pensions Injury Awards Causation in Disability Judicial Review of Medical Determinations

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Phillips

Petitioner

Strathclyde Joint Police Board

Respondents

Procedural Posture

Judicial Review / Opinion of Outer House, Court of Session

Legal Issues

  1. 1 Whether the petitioner's disablement was caused by an injury received in the execution of duty as a police constable under the Police Pensions Regulations 1987
  2. 2 Whether the medical referee applied the correct legal test for causation under the Regulations

Ratio Decidendi

The medical referee misdirected himself by treating the 'ordinariness' of police experiences as determinative; the correct test is whether the disablement was substantially caused by experiences in the execution of duty, regardless of whether those experiences were ordinary or extraordinary for a policeman.

Court Disposition

Petitioner's application partially granted; decree of reduction of Dr. Crawford's determination; case remitted for reconsideration.

Orders

  • Decree of reduction of Dr. Crawford's determination dated 15 September 2000
  • Remit to Dr. Crawford for reconsideration and determination in accordance with the legal views expressed