Setter, R (on the application of) v Secretary of State for Defence, Court of Appeal - Administrative Court, November 17, 2005, [2005] EWHC 3012 (Admin)

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Setter, R (on the application of) v Secretary of State for Defence, Court of Appeal - Administrative Court, November 17, 2005, [2005] EWHC 3012 (Admin)

SMITH BERNAL WORDWAVE

PA/6/2005

Neutral Citation Number: [2005] EWHC 3012 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Thursday, 17th November 2005

B E F O R E:

MR JUSTICE DAVIS

- - - - - - -

THE QUEEN ON THE APPLICATION OF JEANETTE SETTER

(CLAIMANT)

-v-

SECRETARY OF STATE FOR DEFENCE

(DEFENDANT)

- - - - - - -

Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

- - - - - - -

MR D STILITZ (instructed by Greenhalghs Solicitors) appeared on behalf of the CLAIMANT

MS S BROADFOOT (instructed by Treasury Solicitor) appeared on behalf of the DEFENDANT

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J U D G M E N T Thursday, 17th November 2005

1. MR JUSTICE DAVIS: This is an appeal by Mrs Setter from a decision of the Pensions Appeal Tribunal given on 16th December 2004, permission to appeal having been granted by the President of that tribunal on 10th June 2005.

2. The background leading up to the hearing before the Pensions Appeal Tribunal can be, for present purposes, very shortly stated indeed. Mr Setter served in the army from 26th June 1958 to 25th June 196...

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