Source: All England Reporter
Publisher Citation: [2005] All ER (D) 233 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Davis J

Representation Daniel Stilitz (instructed by Greenhalghs Solicitors, Wigan) for the claimant.
  Samantha Broadfoot (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 November 2005

Catchwords

Pension - Military pension - War widow's pension - Former serviceman dying from cancer - Widow claiming cancer caused by exposure to radiation, chemicals and passive smoking - Pensions Appeal Tribunal dismissing claim - Whether tribunal in error - Whether exclusion in relation to tobacco encompassing injury caused by passive smoking - Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, , Sch 4, Note 27.

The Case

Note27 of Sch4 to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, , which in relation to military pensions, defined injury as including any wound or disease but excluding any injury due to, inter alia, the use or effects of tobacco, encompassed within that exclusion any injury caused by reference to passive smoking.

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