Source: All England Reporter
Publisher Citation: [2005] All ER (D) 435 (Apr)
Court: Court of Appeal, Civil Division
Judge:

Pill and May LJJ

Representation Martin Westgate (instructed by Russell Jones & Walker) for the police officers.
  Elizabeth Slade QC (instructed by Directorate of Legal Services, Metropolitan Police Services) for the police authority.
Judgment Dates: 29 April 2005

Catchwords

Police - Police pensions - Ill-health pension - Disablement - Degree of disablement - Decision of selected medical practitioner - Appeal to medical referee - Judge finding medical referee to determine issue of degree of disablement at time of appeal to him - Correctness of decision - Police Pension Regulations 1987, SI 1987/257, H1.

The Case

On the proper construction of the Police Pensions Regulations 1987, SI1987-257, on an appeal to the medical referee, the relevant date for determination of a police officer's degree of disablement was the date of the medical referee's decision, rather than that of the earlier determination by a selected medical practitioner.

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