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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Carter & Anor, R (On the Application Of) v Chelmsford Crown Court  EWHC 1484 (Admin) (Hearing 23 May 2019)
Cite as:  ICR 1470,  WLR(D) 335,  EWHC 1484 (Admin)
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On An Application For Judicial Review
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE ANDREW BAKER
| R On the application of
ERIC AND JUNE CARTER
|- and -
|CHELMSFORD CROWN COURT
|(1) THE CHIEF CONSTABLE OF ESSEX POLICE
(2) THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
The Defendant did not appear and was not represented
Mr Simon Forshaw (instructed by Essex Police) for the First Interested Party
Mr Keith Bryant QC (instructed by the Government Legal Department) for the Second Interested Party
Hearing Date: 23rd May 2019
Crown Copyright ©
Lord Justice Coulson :
2 The Factual Background
3 The Decision of the Crown Court
"Mr Buttler invited us, where we concluded that we had no 'jurisdiction' to make such an order, or those considerations…do not make it just to do so, to go on and consider whether to disapply the rule against widow's pensions for post-retirement spouses pursuant to the Human Rights Act 1998 and/or directive 2000/78/EC.
We decline to do so as we feel (a) that it is beyond the intended 'jurisdiction' of an appeal brought pursuant to Regulation H5 and (b) beyond our experience and expertise. As to (a) we are clear that Regulation H5 limits us to considering whether a person has 'a claim to receive as of right an award'."
4 Judicial Review Proceedings
5 Was This An H5(1) Appeal?
"(1) Subject as hearing after provided, the question whether a person is entitled to any and if so what awards under these Regulations shall be determined in the first instance by the Police Pension Authority.
(2) Where the Police Pension Authority are considering whether a person is permanently disabled, they shall refer for a decision to a duly qualified medical practitioner selected by them the following questions –
(a) whether a person concerned is disabled;
(b) whether the disablement is likely to be permanent; …"
"(1) Where a member of a home police force, or a person claiming an award in respect of such a member, is aggrieved by the refusal of the Police Pension Authority to admit a claim to receive as of right an award or a larger award than that granted or by a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable for the purposes of regulation A12(1A) or by the forfeiture under regulation K5 by the pension supervising authority of any award granted to or in respect of such a member, he may, subject to Regulation H7, appeal to the Crown Court and that court, after inquiring into the case, may make such order in the matter as appears to it to be just."
6 The Next Steps
Mr Justice Andrew Baker :