SKJ v Secretary of State for Defence (AFCS): [2026] UKUT 253 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Smith on 29 June 2026.
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Judicial Summary
This appeal concerns an unsuccessful claim under the Armed Forces Compensation Scheme for a low back condition. The First-tier Tribunal upheld the decision of the Criminal Injuries Compensation Authority, finding that service was not the “predominant cause” of the injury. The Upper Tribunal held that the First-tier Tribunal materially erred in law by failing to follow the complete test in Article 8 of the 2011 Order, as explained in JM v Secretary of State for Defence (AFCS) [2015] UKUT 332 (AAC), in particular by proceeding to the question of predominance under Article 8(2) without first determining under Article 8(1) whether service was a cause of the injury at all. This was of particular importance given the tribunal’s findings that the appellant had undertaken physically demanding duties during service which involving heavy load-bearing, with no clear findings as to alternative non-service causes. The Upper Tribunal found the tribunal’s conclusion to be irrational and the reasoning inadequate. The decision was set aside, and the matter remitted to a differently constituted First-tier Tribunal for re-determination.