CRP v Secretary of State for Defence (AFCS): [2025] UKUT 140 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 24 April 2025.
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Judicial Summary
The Upper Tribunal rejects the Secretary of State for Defence’s argument that the interpretation of item 2 of Table 9, in Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, given by the Upper Tribunal in MD v Secretary of State for Defence (AFCS) [2015] UKUT 0298 (AAC), should not be followed. MD’s interpretation was not objectionable due to unfairness nor was it liable to lead to absurd consequences. However, the appeal succeeded because the First-tier Tribunal failed to give adequate reasons for its decision. The Tribunal should have explained why it found that osteoarthritis was not a qualifying injury under item 2, as interpreted in MD.