| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 91 (Apr) |
| Neutral Citation: | [2004] EWHC 770 (Admin) |
| Court: | Administrative Court |
| Judge: | Collins J |
| Representation | Nicholas Wilcox (instructed by the Legal Department of the Cleveland Police Authority) for the claimant. |
| The defendant did not appear and was not represented. | |
| Judgment Dates: | 23 March 2004 |
Catchwords
Police - Police pensions - Ill-health pension - Disablement - Award - Injury sustained in execution of duty - Mental illness arising from adverse comment following police officer's failure to attend court as witness - Medical referee holding injury sustained in execution of duty - Police Pensions Regulations 1987, SI 1987/257, reg A1.
The Case
The medical referee erred in holding that the interested party, a police officer, had suffered injury in the course of duty within the meaning of regA11 of the Police Pensions Regulations 1987, in circumstances where he sustained mental illness as a result of the publication of adverse comments made about him by a judge following his failure to attend court as a witness: the stress which led to his mental illness resulted because he was not acting in the course of his duty, he should have attended court, and did not result because he was a police officer.
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