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11 December 2009
Issue: 7397 / Categories: Case law , Law digest
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Police

R (on the application of Laws) v Police Medical Appeal Board [2009] EWHC 3135 (Admin), [2009] All ER (D) 38 (Dec)

The proceedings concerned a constable who had been found for the purposes of reg H1 of the Police Pensions Regulations 1987 (SI 1987/257), to be disabled from performing the ordinary duties of a member of the police force. It was also found that her disability was likely to be permanent.

The court ruled that each determination of the select medical practitioner, or on appeal by the board, was to be treated as final; thus, where an injury pension had been reassessed under reg 37 of the Police (Injury Benefit) Regulations 2006 (SI 2006/932), and a decision had been made by the select medical practitioner concerning the degree of the recipient’s disablement at that date, that decision was final for all purposes, subject to the continuing duty, periodically, to reassess the pension under reg 37.

While the Metropolitan Police Association had a duty under reg 37 to carry out from time to time further reviews of a potential

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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