Secretary of State for Defence v Duncan & Another - JustCite

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Secretary of State for Defence v Duncan & Another

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Justis Editorial on 30 August 2011

Interpretation of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 SI 2005/439

The Court of Appeal (Civil Division) handed down judgment in Secretary of State for Defence v Lance Corporal Duncan and another [2009] EWCA Civ 1043 on 12th October 2009. The Secretary of State sought to appeal against the decisions of the Upper Tribunal in relation to compensation awarded to the two respondents.

The Court of Appeal stated that the appeals concerned the interpretation of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 SI 2005/439. The Court of Appeal analysed the decisions of the Upper Tribunal and found that the key date for assessing the impact of injuries was the date of decision, and not the date of injury. However, the Court of Appeal also stated that injuries stemming from a course of treatment did not amplify or create a new injury. Further, the Upper Tribunal was wrong to hold that table 4 of the scheme, dealing with diseases, could be utilised in scenarios such as the appeals before the Court.

The Court therefore allowed the appeals in part and remitted the decisions back to the first instance tribunal.

database/2012-05-17T21:35:44.6474667Z/6928428

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