- Police injury pensions: jurisdiction of Crown Court—backdating of awards—interest (Chief Constable of South Yorkshire Police v Kelly)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Jurisdiction of the Crown Court
- Backdating of awards
- Power to award interest
- Case details
Pensions analysis: The Court of Appeal considered the correct construction of certain provisions of the Police (Injury Benefit) Regulations 2006 (PIBR 2006), SI 2006/932. The issues before the court were whether: (1) on an appeal under reg 34, the Crown Court has jurisdiction to determine the period for which an injury pension is payable; (2) whether the PIBR 2006 require that, once entitlement to an injury pension is established, it should be backdated to the date of retirement, and (3) whether the Crown Court has power to award interest. The Court of Appeal held that: (1) on a reg 34 appeal the Crown Court has jurisdiction to determine the period for which the pension is payable; (2) that PIBR 2006 require the injury pension to be backdated to the date of retirement, and (3) that the Crown Court on an appeal has the power to award interest. Written by Richard Clarke, barrister at Landmark Chambers.
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