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The grant of permission to appeal to the Upper Tribunal
The grant of permission to appeal to the Upper Tribunal
Judge Caldwell KC, the President of the Pensions Appeal Tribunals for Scotland, summarised the Appellant’s grounds of appeal in the following terms:
The applicant’s grounds appear to be that he argued that the review should include not only a review of the conditions accepted on 7 February 2008, but should be a much more wide-ranging inquiry and should consider whether there was evidence available at that time to put the SSD on notice that the applicant suffered conditions, in addition to those claimed by him at that time, which were attributable to service. In particular, the conditions which were subsequently accepted. It is his submission that, in the circumstances of his case, no claim was required for these other conditions which were subsequently accepted.
Granting permission to appeal, the President also observed as follows:
The applicant’s dissatisfaction with the tribunal’s decision appears to be that it does not specifically direct the SSD to carry out such a wide-ranging review and has not dealt with his arguments to that effect.
- Heading
- The oral hearing of the Upper Tribunal appeal
- A summary of the issue raised by this appeal
- The background to this appeal
- The chronology of this appeal
- The decision of the Pensions Appeal Tribunal (Scotland)
- The grant of permission to appeal to the Upper Tribunal
- An outline of the parties’ submissions before the Upper Tribunal
- Discussion and analysis
- Conclusions