Lothian and Borders Police Board for Judicial Review of a Medical Certificate [2002] ScotCS 19 (22nd January, 2002)

Lothian and Borders Police Board for Judicial Review of a Medical Certificate [2002] ScotCS 19 (22nd January, 2002)

The medical referee's conclusion that the respondent's disablement was the result of an injury received in the execution of duty was based on an unsound legal proposition that disputes with the police force about an officer's conduct are considered as police duty. The substantial cause of the respondent's illness was not operational police duty but subsequent events (suspension, prosecution, lack of support), which do not constitute execution of duty under the Regulations. Therefore, the certificate must be reduced insofar as it determines the disablement was the result of an injury received in the execution of duty.

Citation
[2002] ScotCS 19
Parties
Petitioner: Lothian and Borders Police Board; Respondent: Robert Clark
Jurisdiction
Scotland
Procedural Posture
Judicial Review / Opinion on Petition for Reduction of Medical Certificate
Outcome
Certificate of the medical referee reduced insofar as it determines disablement was the result of an injury received in the execution of duty; case put out By Order for further consideration of consequential orders.
Legal Topics
Police Pensions, Injury Awards, Causation of Disablement, Scope of 'in the Execution of Duty', Judicial Review of Medical Decisions
Administrative Law Pensions Law Employment Law Police Pensions Injury Awards Causation of Disablement Scope of 'in the Execution of Duty' Judicial Review of Medical Decisions

Case Brief

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Parties

Lothian and Borders Police Board

Petitioner

Robert Clark

Respondent

Procedural Posture

Judicial Review / Opinion on Petition for Reduction of Medical Certificate

Legal Issues

  1. 1 Whether the respondent's disablement (depression) was the result of an injury received in the execution of his duty under the Police Pensions Regulations 1987
  2. 2 Whether the medical referee's conclusion was based on an error of law regarding the interpretation of 'in the execution of duty'

Ratio Decidendi

The medical referee's conclusion that the respondent's disablement was the result of an injury received in the execution of duty was based on an unsound legal proposition that disputes with the police force about an officer's conduct are considered as police duty. The substantial cause of the respondent's illness was not operational police duty but subsequent events (suspension, prosecution, lack of support), which do not constitute execution of duty under the Regulations. Therefore, the certificate must be reduced insofar as it determines the disablement was the result of an injury received in the execution of duty.

Court Disposition

Certificate of the medical referee reduced insofar as it determines disablement was the result of an injury received in the execution of duty; case put out By Order for further consideration of consequential orders.

Orders

  • Reduction of paragraph 4 of Doctor Graham's certificate dated 30 January 2001
  • Case to be put out By Order for further consideration of the form of reduction and any consequential order