Archive for the 'war pensions' Category

Ratcliffe v Secretary of State for Defence – WLR Daily

Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33

“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”

WLR Daily, 4th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Long-term partner loses battle for war pension – The Independent

“The long-term unmarried partner of a retired Royal Navy officer who died five years ago from a job-related illness has failed in her legal battle for the right to receive a widow’s war pension.”

Full story

The Independent, 3rd February 2009

Source: www.independent.co.uk

Secretary of State for Defence v. Pensions Appeal Tribunal – WLR Daily

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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