NJ v Secretary of State for Defence (AFCS): [2018] UKUT 211 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Poole on 26 June 2018
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Judicial Summary
A member of the forces was deployed as head ski coach at the Army Medical Services Ski Championships. While she was coaching from the side of the piste, a civilian skier on a parallel piste lost control and collided with her, causing injuries. The issue was whether benefit was payable to her under Article 8 of the Armed Foces and Compensation Scheme Order 2011, which turned on the issue of whether there was a service cause for her injuries. The tribunal was found to have erred in law in (i) failing to give adequate reasons, due to inconsistency between the decision notice and the statement of reasons (ii) applying the law to the facts found by the tribunal. The decision was remade that the injuries were caused by service.