Strathclyde Joint Police Board v. McKinlay [2005] ScotCS CSOH_14 (26 January 2005)

Strathclyde Joint Police Board v. McKinlay [2005] ScotCS CSOH_14 (26 January 2005)

The medical referee's decision that the respondent was permanently disabled as a result of an injury received in the execution of duty was made within jurisdiction, based on a proper evaluation of the evidence, and was not open to challenge by judicial review except on limited grounds, none of which were established by the petitioners. The referee applied the correct legal tests and considered all relevant material.

Citation
[2005] ScotCS CSOH_14
Parties
Petitioner: Strathclyde Joint Police Board; Respondent: Alison McKinlay
Jurisdiction
Scotland
Judgment Date
26 January 2005
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion on Petition for Judicial Review of a Medical Certificate Under Regulation H2(3) of the Police Pension Regulations 1987
Outcome
Petition refused
Legal Topics
Police Pensions, Medical Retirement, Judicial Review of Medical Decisions, Interpretation of Police Pensions Regulations, Permanent Disablement, Injury on Duty
Administrative Law Employment Law Pensions Law Police Pensions Medical Retirement Judicial Review of Medical Decisions Interpretation of Police Pensions Regulations Permanent Disablement +1 more

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Parties

Strathclyde Joint Police Board

Petitioner

Alison McKinlay

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session – Opinion on Petition for Judicial Review of a Medical Certificate Under Regulation H2(3) of the Police Pension Regulations 1987

Legal Issues

  1. 1 What is the correct test for 'permanent disablement' under the Police Pension Regulations 1987?
  2. 2 Was the respondent's disablement the result of an injury received in the execution of duty?
  3. 3 Was the medical referee's decision subject to judicial review and on what grounds?

Ratio Decidendi

The medical referee's decision that the respondent was permanently disabled as a result of an injury received in the execution of duty was made within jurisdiction, based on a proper evaluation of the evidence, and was not open to challenge by judicial review except on limited grounds, none of which were established by the petitioners. The referee applied the correct legal tests and considered all relevant material.

Court Disposition

Petition refused

Orders

  • Petition for judicial review refused; the decision of the medical referee stands.