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

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