Hodder v Pensions Appeal Tribunal, Court of Appeal - Administrative Court, July 31, 2008, [2008] EWHC 1892 (Admin)

Reporting Judge: [2008] EWHC 1892 (Admin)

President: Hodder v Pensions Appeal Tribunal

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Hodder v Pensions Appeal Tribunal, Court of Appeal - Administrative Court, July 31, 2008, [2008] EWHC 1892 (Admin)

Neutral Citation Number: [2008] EWHC 1892 (Admin)

Case No: CO/5529/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 31/07/2008

Before :

THE HON. MR JUSTICE BURNETT

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Between :

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SECRETARY OF STATE FOR DEFENCE Interested Party

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Conor Gearty (instructed by Linder Myers) for the Claimant

Hearing dates: 4 July 2008

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Judgment

The Hon. Mr Justice Burnett :

1. This is a rolled up application for permission to apply for judicial review of a decision of the Pensions Appeal Tribunal (``the Tribunal'') given on 3 April 2007, whereby they increased the assessment of disability suffered by the claimant on account of service related Post Traumatic Stress Disorder (``PTSD'') from 20% (as made by the Service Personnel and Veterans Agency of the Ministry of Defence) to 30%. The Tribunal has taken no part in the proceedings. The Secretary of State for Defence, as interested party, served summary grounds of resistance to the claim. Neither filed any evidence in response to that served on them by the Claimant, and neither appeared at the hearing.

2. The Claimant contends that the decision was irrational, alternatively that the reasons given for it were inadequate.

Background

3. The Claimant was born on 2...

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