Source: All England Reporter
Publisher Citation: [2002] All ER (D) 89 (Oct)
Court: Administrative Court

Park J

Representation Paul Russell (instructed by Lane and Partners) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 8 October 2002


Pension - Military pension - Disablement award - Claimant granted disablement award in 1948 for stomach condition - Claimant suffering from heart condition in 1990 - Hospital unable to give claimant drugs due to stomach complaint - Claimant seeking further award on basis lifestyle detrimentally affected by non-provision of drugs - Pension Appeal Tribunal refusing to grant award - Whether tribunal in error.

The Case

The Pensions Appeal Tribunal had erred in refusing to grant a claimant a disability award in circumstances where the claimant had raised a reasonable doubt that an earlier condition, which had been caused by military service, had caused him not to be given treatment for a heart condition which had detrimentally affected his lifestyle, since the tribunal had failed to dispel that doubt.

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