NN v The Secretary of State for Defence (AFCS): [2026] UKUT 183 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 05 May 2026.
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Judicial Summary
The Appellant suffered physical and mental injuries which the Tribunal accepted were caused or worsened by service. In considering which Table 3 descriptor best described his injury and its effect the Tribunal focused impermissibly on the job the Appellant had had at the date of his hearing rather than carrying out a holistic assessment of his whole history of employment (and unemployment), as envisaged by the Court of Appeal in Pearson v Secretary of State for Defence [2024] EWCA Civ 150 (which was binding on it), and failed to make adequate findings of fact as to whether the Appellant’s post-discharge role in the civil service was more or less demanding than the role he carried out in the army. This was in material error of law.
The Upper Tribunal set aside the First-tier Tribunal’s decision and remitted the case for rehearing.