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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

Bellevue Law—Lianne Craig

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Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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