Secretary of State for Defence v President of the Pension Appeal Tribunals (England & Wales), Court of Appeal - Administrative Court, February 04, 2004, [2004] 2 All ER 159,[2004] EWHC 141 (Admin)

Reporting Judge: [2004] 2 All ER 159,[2004] EWHC 141 (Admin)

President: Secretary of State for Defence v President of the Pension Appeal Tribunals (England & Wales)

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Secretary of State for Defence v President of the Pension Appeal Tribunals (England & Wales), Court of Appeal - Administrative Court, February 04, 2004, [2004] 2 All ER 159,[2004] EWHC 141 (Admin)

Case No: CO/4310/2002

Neutral Citation Number [2004] EWHC 141 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 4th February 2004

Before :

THE HONOURABLE MR JUSTICE NEWMAN

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Between :

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Steven Kovats (instructed by Treasury Solicitor) for the Claimant

John Litton, Friend to the Court

Hearing date : 15th December 2003

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JUDGMENT

Mr Justice Newman :

1. This is an application for Judicial Review bought by the Secretary of State for Defence concerning the decision of the President of Pensions Appeal Tribunals (England & Wales) dated 19th June 2002 to set aside, pursuant to Rule 37 of the Pensions Appeal Tribunal (England & Wales) Rules (SI 1980/1120) (the Rules''), the decision of a Pensions Appeal Tribunal (``the PAT'') dated 27th February 2002. The PAT had dismissed Mr Jones' appeal from the Secretary of State's decision, dated 20th July 2001, to refuse him an allowance under Article 17 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order (SI 1983/883) (``Article 17'') in connection with his service pension. Mr Jones applied to the PAT for leave to appeal to the High Court and on the 19th June 2003 the President issued a direction under Rule 37 of the Rules purporting to set aside the PAT's decision and ordered a rehearing before a differently constituted PAT.

2. On 22nd February 1962 Mr Jones was awarded a service pension for bronchial asthma and Colles fracture of the right wrist arising from his service as a private in the Army (ROAC) between 26th November 1954 until 7th July 1961. On 13th July 1999 Mr Jones applied for a clothing allowance under Article 17. The Secretary of State refused his application. Mr Jones' appeal to the Tribunal was refused on 27th February 2002.

3. Thereafter, on 10th March 2002, Mr Jones applied to the Tribunal under Rule 25 of the Rules for leave to appeal the Tribunal's decision to the High Court. On 19th June 2002 the President of the Tribunals, on his initiative, pursuant to Rule 37 of the Rules, made/gave a direction that the Tribunal's decision be ...

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