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Butterfield & Ors v Secretary of State for Defence, Court of Appeal - Administrative Court, October 08, 2002, [2002] EWHC 2247 (Admin)
SMITH BERNAL WORDWAVE
Neutral Citation Number: [2002] EWHC 2247 Admin PA/3/2001
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2
Tuesday, 8th October 2002
B E F O R E:
MR JUSTICE PARK
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DAVID BUTTERFIELD AND MARY CREASEY
(on behalf of JAMES WILLIAM BUTTERFIELD (deceased))
Appellant
-v-
SECRETARY OF STATE FOR DEFENCE
Respondent
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Computer-Aided Transcript of the Palantype Notes of
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190 Fleet Street London EC4A 2AG
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(Official Shorthand Writers to the Court)
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MR P RUSSELL (instructed by Messrs Lane & Partners, London WC1A 2LS) appeared on behalf of the CLAIMANT
MR S KOVATS (instructed by Treasury Solicitor, London SW1H 9JS) appeared on behalf of the DEFENDANT
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J U D G M E N T
(As approved by the Court)
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Crown copyright©
1. MR JUSTICE PARK:
Overview This is an appeal against a decision of a Pensions Appeal Tribunal which on 19th September 2000 dismissed an appeal against a decision of the Secretary of State that Mr JW Butterfield did not qualify to receive a disability award or pension under the Naval Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983. Mr Butterfield died in August 2000, so the appeal to the Tribunal and the further appeal to me have been prosecuted by his son and daughter on behalf of his estate. In this judgmen...
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