Source: All England Reporter
Publisher Citation: [2002] All ER (D) 93 (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 suffering foot injury while engaged in military service - Claimant subsequently applying for disablement award - Claimant granted initial award and making application in respect of further injury - Claimant's second application dismissed - Claimant adducing medical evidence before Pensions Appeal Tribunal - Tribunal dismissing appeal - Whether tribunal in error.

The Case

The Pensions Appeal Tribunal failed to give a satisfactory decision when dismissing the appeal of a claimant in circumstances where it overlooked a medical opinion which he had adduced in evidence.

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