NC (dec'd) by JC v Secretary of State for Defence (Armed Forces Compensation Scheme): [2024] UKUT 170 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 1 July 2024

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 16 July 2024

• Categories: War pensions and armed forces compensation
• Sub-categories: War pensions and armed forces compensation - Armed Forces Compensation Scheme
• Judges: Wikeley, N
• Decision date: 6 June 2024

Read the full decision in UA-2021-000742-AFCS.

Judicial Summary

Claim made under Armed Forces Compensation Scheme (AFCS) in respect of fatal melanoma - Serviceman exposed to intense sun exposure both before and after April 2005 - Claimant argued that post-April 2005 sun exposure was predominant cause of cancer - Veterans UK decision to refuse award confirmed by First-tier Tribunal - Whether FTT relied on impermissible methods to find facts (including reliance on own knowledge) - Whether FTT misapplied causation test - Effect of latency - JM v SSD [2016] AACR 3 considered - Further appeal to Upper Tribunal dismissed.

Published 16 July 2024