![[2024] UKUT 395 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Introduction
Introduction
This appeal is about the scheme established by the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, SI 2011/517 (the “AFCS Order”) to compensate people for illness or injury attributable (wholly or partly) to their service in the armed forces or reserve forces (the “AFCS”). The AFCS is administered by Veterans UK on behalf of the Secretary of State.
This appeal raises the issue of when Article 11 of the AFCS Order is relevant, and how that Article should be interpreted and applied.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), b(ii) and (4) of the Tribunals, Courts and Enforcem
- Introduction
- The agreed factual and procedural background
- Factual issues in dispute
- Legal framework
- The First-tier Tribunal’s decision
- The grounds of appeal and the parties’ submissions
- Analysis
- Was the Tribunal mistaken in its analysis of Article 11?
- How should the Tribunal have approached Article 11 and what did it need to say about it?
- Has civilian/charity rugby been “approved” by the Defence Council?
- Was the Fixture, and the organisation and training for it, “recognised” by the relevant Service?
- Article 11(6)(b)
- Disposal
- Conclusions