The Bano Companion
The most significant book relating to Armed Forces Compensation Scheme (AFCS) and War Pension Scheme (WPS) decisions is Bano (2021) War Pensions and Armed Forces Compensation: Law and Practice (2nd edition).
The book is the go-to guide for all those interested in the case law underlying AFCS and WPS decisions. Any veteran or service person wanting to borrow a copy can contact Charlie Radclyffe on Twitter via this thread and be added to the waiting list. Copies of the 2nd edition sometimes come up second-hand for £75 on Abebooks or Amazon
This page is here to help folks find cases referred to in the book:
- In plain text, judgment yet to be linked. Some cases are not online and will be uploaded in due course.
- Linked judgments are in bold . Some cases have LexJustis or Casemine written after them, which may limit the text available and will be replaced with better links in due course.
- A small collection of judgments below, and others, are available in this Google Drive folder
Table of Commissioners' and Upper Tribunal Decisions
Abdale and others v Secretary of State for Defence (WP) [2014] UKUT 0477 (AAC), [2015] AACR 20
AL v Secretary of State for Defence [2014] UKUT 0524 (AAC)
AL v Secretary of State for Defence [2016] UKUT 141 (AAC)
AM v Secretary of State for Defence (WP) [2013] UKUT 097 (AAC) CAF/1279/2011 - casemine
AM v Secretary of State for Work and Pensions (ESA) [2013] UKUT 0563 (AAC) - casemine
AS v Secretary of State for Work and Pensions (ESA) [2011] UKUT 159 (AAC)
AW v Secretary of State for Defence [2014] UKUT 343 (AAC) CAF/329/2013
C1/09-10(AF) (unreported) (NI) - also called KB-v-Secretary of State ((AF) [2010] NICom 103
CAF/1759/2007(unreported)
CAF/2150/2007; 2151/2007; (2008) 3 October (CA)
"Disability Rights UK summary - Whether travel to work counts as being on duty - This is a claim for a pension under the new armed forces compensation scheme which came into effect April 2005.
Sergeant T was an army cook who died in a motorcycle accident whilst reporting for duty. He had traveled to work early because he was worried about the reliability of the cooks under him (army stores had gone missing).
The commissioner considered articles 9 and 10 of the Armed Forces and Reserved Forces (Compensation Scheme) Order 2005 (SI 2005/439).
"Article 9 deals with cases in which death was caused by service. Article 10 deals with cases that do not fall within article 9, because the death was not caused by service. It deals with circumstances which would not normally be considered as part of service as a member of the forces."
He concluded that Sergeant T's death occurred whilst he was in service but that this was not the predominant cause of his death. At the time of his death he was not on duty, he was reporting for duty.
An argument that he was responding to an emergency was also rejected. The need for supervision lest stock should go missing was not sufficiently serious to amount to an emergency."
CAF/2517/2010 (unreported)
CAF/1268/2011 (unreported)
CAF/3198/2012 (unreported)
CAF/962/2014 (unreported)
CAF/2260/2014 (unreported)
CAF/5182/2014 (unreported)
CAF/1653/2015 (unreported)
CAF/3934/2007, R(AF)4/09 is probably this case: [2009] AUKUT 51 (AAC) - war pension, ALSO, "External summary: An allowance for lowered standard of occupation (ALSO) can be reduced by any amount of service attributable pension (SAP) payable under Article 55 of the 1983 Service Pensions Order. This decision has now been reported as R(AF)4/09."
CDLA/393/2006 (unreported)
CDLA/1000/2001 - external summary: " Claimants who have been awarded DLA but who are not satisfied with the level of the award and pursue an appeal often do not appreciate that an existing award cannot be considered to be “in the bank”
CIS/5321/1998
CSAF/493/2010 (unreported)
CSAF/834/13 (unreported)
CSDLA/288/2005 (unreported)
CO v London Borough of Havering [2015] UKUT 28 (AAC)
CS v Secretary of State for Defence (WP) [2011] UKUT 514 (AAC)
CS v Secretary of State for Work and Pensions (ESA) [2013] UKUT 0508 (AAC)
CT v Secretary of State for Defence [2009] UKUT 167 (AAC) - casemine
DA v Secretary of State for Defence (AFCS) [2017] UKUT 0189 (AAC)
DAT v Secretary of State for Defence (WP) [2013] UKUT 533 (AAC)
DP v Secretary of State for Defence (WP) [2017] UKUT 434 (AAC)
DS v Secretary of State for Defence (WP) [2016] UKUT 51 (AAC)
DT v Secretary of State for Work and Pensions (DLA) [2015] UKUT 390 (AAC)
EP v Secretary of State for Defence (WP) [2016] UKUT 0329 (AAC)
EP v Secretary of State for Defence (AFCS) [2017] UKUT 129 (AAC), [2017] AACR 33
EW v Secretary of State for Defence (AFCS) [2011] UKUT 186 (AAC), [2012] AACR 3
FI v Secretary of State for Work and Pensions (CSM) [2020] UKUT 173 (AAC)
FS v Secretary of State for Defence (WP) [2017] UKUT 0194 (AAC)
FY v Secretary of State for Work and Pensions [2018] UKUT 146 (AAC)
GT v Secretary of State for Defence [2016] UKUT 0309 (AAC)
HD v Secretary of State for Defence (WP) [2017] UKUT 376 (AAC), [2017] 4 WLR 182
JC v Secretary of State for Work and Pensions (PIP) (2018) UKUT 110 (AAC)
JD v Secretary of State for Defence (WP) [2014] UKUT 379 (AAC)
JG v Secretary of State for Defence (AFCS) [2014] UKUT 0194 (AAC)
JM v Secretary of State for Defence (AFCS) [2015] UKUT 332 (AAC), [2016] AACR 3
JM v Secretary of State for Defence [2014] UKUT 358 (AAC), [2015] AACR 7
JN v Secretary of State for Defence (AFCS) [2012] UKUT 479 (AAC)
JS v South London and Maudsley NHS Foundation Trust [2019] UKUT 172 (AAC), [2020] AACR 1
KF v Secretary of State for Defence (AFCS) [2019] UKUT 154 (AAC)
KO v Secretary of State for Work and Pensions (ESA) [2013] UKUT 544 (AAC)
LC v Secretary of State for Work and Pensions (DLA) [2015] UKUT 100 (AAC)
LJT v Secretary of State for Work and Pensions [2019] UKUT 21 (AAC)
LM v London Borough of Lewisham [2009] UKUT 204 (AAC), [2010] AACR
LO v Secretary of State for Work and Pensions (ESA) [2016] UKUT 10 (AAC)
LS v London Borough of Lambeth (HB) [2010] UKUT 461 (AAC)
MC v Secretary of State for Defence [2009] UKUT 173 (AAC), [2010] AACR
MF v Secretary of State for Defence (WP) [2013] UKUT 0491 (AAC)
MG v Secretary of State for Defence (AFCS) [2015] UKUT 0372 (AAC)
MG v Secretary of State for Defence (WP) [2015] UKUT 704 (AAC)
MHA v Secretary of State for Work and Pensions [2009] UKUT 211 (AAC)
ML v Secretary of State for Defence (WP) [2011] UKUT 511 (AAC) CAF/474/2010
MG v Secretary of State for Defence (WP) [2015] UKUT 704 (AAC)
NH v Secretary of State for Defence (WP and AFCS) [2015] UKUT 35 (AAC)
NH v Secretary of State for Defence (No 2) (AFCS) [2018] UKUT 217 (AAC)
NJ v Secretary of State for Defence (AFCS) [2018] UKUT 211 (AAC)
PM v Secretary of State for Defence (AFCS) [2015] UKUT 0647 (AAC)
PR v Secretary of State for Defence [2013] UKUT 0397 (AAC)
R1/04(SF)
R(AF) 1/07
R(AF) 2/07
R(AF) 3/07
R(AF) 4/07 CAF 2858/2006
"Disability Rights UK summary - Allowance for lowered standard of occupation (ALSO) - consideration of London weighting earnings - This appeal is about the allowance for lowered standard of occupation (ALSO) under Article 15 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006.
Article 15(1) provides that where a member of the armed forces is in receipt of retired pay or a pension in respect of disablement the degree of which is less than 100 per cent; and the disablement is such as to render him incapable, and likely to remain permanently incapable, of following his regular occupation and incapable of following any other occupation with equivalent gross income which is suitable in his case taking into account his education, training and experience he shall be awarded an allowance for lowered standard of occupation at the appropriate rate.
The claimant was subsequently employed by the British Legion and the calculation of his ALSO involved comparison of his earnings from this employment with that of his captain's pay. The tribunal was correct in considering his London weighting as part of his Legion earnings but erred in placing too much emphasis on whether this was taxable. It also failed to carry out a "like for like" comparison of the two occupations, including whether a similar allowance would have been payable to an officer of the claimant's rank stationed in central London on a long-term basis."
R(AF) 5/07 CAF 857/2006 - casemine
"Disability Rights UK summary - Misdiagnosis, The claimant was diagnosed as having "simple schizophrenia", a term which now refers to a form of depression rather than actual schizophrenia. The claimant claimed he was refused a pension based on misdiagnosis. The commissioner states that any official error regarding diagnosis should be decided on the basis of knowledge at the time of the decision."
R(AF) 1/08 - very difficult to find!
R(AF) 2/08
R(AF) 3/08 CAF 1071/2006 - "Disability Rights UK summary: Application for backdating - The tribunal was found to have erred in its decision but the commissioner substituted his own decision to the same effect, that the awards for disablement pension were reviewed but not revised. This decision discusses the rules for reviewing awards in some detail."
R(AF) 1/09
R(AF) 2/09
RAF) 4/09 CAF/3934/2007 [2009] UKUT 51 (AAC)
RDLA) 3/01
RDLA) 8/06
RI) 3/75
R(1) 81/51
RI) 42/59
RIB) 2/04
R(IB) 2/05
RIS) 11/92
R(SB) 11/86
R(SB) 19/83
RA v Secretary of State for Defence (WP) [2015] UKUT 201 (AAC)
RS v Secretary of State for Defence (AFCS) [2016] UKUT 0474 (AAC)
SA v Secretary of State for Defence (AFCS) [2017| UKUT 374 (AAC)
Saker v Secretary of State for Social Services R(I) 2/88
Salisbury Independent Living v Wirral MBC (HB) [2011] UKUT 44 (AAC)
Secretary of State for Defence v PA (AFCS) [2016] UKUT 500 (AAC), 2017] AACR 18
Secretary of State for Defence v CM (AFCS) [2014] UKUT 0018
Secretary of State for Defence v CM (WP) [2017] UKUT 8 (AAC), [2017] AACR 27
Secretary of State for Defence v FA (AFCS) [2015] NICom 17
Secretary of State for Defence v KR (WP) [2017] UKUT 0144 (AAC)
Secretary of State for Defence v LA (AFCS) [2011] UKUT 391 (AAC)
Secretary of State for Defence v MJ (AFCS) [2014] UKUT 0094 (AAC)
Secretary of State for Defence v NM (WP) [2017] UKUT 0223 (AAC)
Secretary of State for Defence v PQ (WP) [2014] UKUT 0399 (AAC)
Secretary of State for Defence v PY (AFCS) [2012] UKUT 116 (AAC), [2012] AACR 44
Secretary of State for Defence v RC (WP) [2012] UKUT 229 (AAC), [2013] AACR 4
Secretary of State for Defence v RC (WP) [2009] UKUT 297 (AAC) CAF/3350/2008
Secretary of State for Defence v TG (AFCS) [2019] UKUT 24 (AAC)
Secretary of State for Work and Pensions v SS (DLA) [2010] UKUT 384 (AAC), [2011] AACR 24
SM v Secretary of State for Defence (AFCS) [2017] UKUT 286 (AAC), [2018] AACR 4
SN v Secretary of State for Defence (AFCS) [2018] UKUT 263 (AAC)
SV v Secretary of State for Defence (AFCS) [2013] UKUT 201 (AAC)
SV v Secretary of State for Defence (AFCS) [2013] UKUT 541 (AAC)
SW v Secretary of State for Work and Pensions (DLA) [2015] UKUT 319 (AAC)
TB v Secretary of State for Defence (WP) [2014] UKUT 357 (AAC)
TH v Secretary of State for Defence (AFCS) [2017] UKUT 309 (AAC)
TL v Secretary of State for Defence (WP) [2013] UKUT 0522 (AAC) CAF/1450/2011
WM v Secretary of State for Work and Pensions (DLA) [2015] UKUT 0642 (AAC)
WS v Secretary of State for Defence (WP) [2015] UKUT 0557 (AAC) CAF/2196/2014
Table of Court and Nominated Judges' Decisions
Akram v Adam [2004] EWCA Civ 1601, [2005] 1 WLR 2762, [2005] 1 All ER 741
Baird v Minister of Pensions (1946) 1 WPAR 169
Blanchflower v Minister of Pensions (1950) 4 WPAR 887
Brain v Minister of Pensions [1947] KB 625, [1947] 1 All ER 892, [1947] LJR 1212, 63 TLR 294
Brown v Minister of Pensions (1946) 2 WPAR 461
Busmer v Secretary of State for Defence [2004] EWHC 29 (Admin), [2004] All ER (D) 143 (Jan)
Butterfield and Creasy v Secretary of State for Defence [2002] EWHC 2247 (Admin)
Buxton v Minister of Pensions (1948) 1 WAR 1121
Carltona Ltd v Commissioner of Works [1943] 2 All ER 560 (CA)
Charles v Hugh James Jones and Jenkins (a firm) [2000] 1 WLR 1278, [2000] 1 All ER 289, [2000] Lloyd's Rep PN 207 (CA)
Clarise Properties Ltd v Rees [2015] EWCA Civ 1118
Coe v Minister of Pensions and National Insurance [1967] 1 QB 238, [1966] 3 WLR 626, [1966] 3 All ER 172, 110 SJ 566
Cook v Minister of Pensions (1949) 4 WAR 625
Dickinson v Minister of Pensions [1953] 1 QB 228, [1952] 2 All ER 1031, [1952] 2 TLR 910
Docherty v Minister of Pensions (1948) 2 WPAR 655
Donovan v Minister of Pensions (1946) 1 WAR 609
Dore v Minister of Pensions (1947) 1 WAR 405
Duff v Minister of Pensions (1948) 2 WAR 753
Fenton v Thorley & Co Ltd [1903] AC 443, [1903] WN 149 (HL)
Freeman v Minister of Pensions and National Insurance [1966] 1 WLR 456, [1966] 2 All ER 40, 110 SJ 228 (QBD)
Fuller v Minister of Pensions (1948) 3 WPAR 1617
Gaffney v Minister of Pensions (1952) 5 WPAR 97
Giles v Minister of Pensions (1955) 5 WPAR 97
Giles v Minister of Pensions and National Insurance (1955) 4 WPAR 445
Gillan v Minister of Pensions (1953) 5 WAR 286
Hall v Minister of Pensions (1948) 3 WAR 1321
Harris v Minister of Pensions [1948] 1 KB 422, [1948] 1 All ER 191, [1948] LJR 463, 64 TLR 52, 92 SJ 85
Hinckley and South Leicestershire Building Society v Freeman [1941] Ch 32, [1940] 4 All ER 212, (1940) 164 LT 399, 57 TLR 71, 110 LJ Ch 36, 84 SJ 620
Hollorn v Minister of Pensions [1947] 1 All ER 124 (KBD)
Hornsby. See R (Secretary of State for Defence) v Pensions Appeal Tribunal ('Hornsby')
Horsfall v Minister of Pensions (1944) 1 WAR 7
Howard v Minister of Pensions and National Insurance (1955) 5 WAR 515
Irving v Minister of Pensions (1944) 2 WAR 401
Jacobs v Norsalta Ltd [1977] ICR 189, (1976) 11 ITR 206 (EAT)
Judd v Minister of Pensions and National Insurance [1966] 2 QB 580, [1966] 2 WLR 218, [1965] 3 All ER 642, 109 SJ 815
Kerr (AP) v Department for Social Development [2004] UKHL 23, [2004] 1 WLR 1372, [2004] 4 All ER 385
King v Minister of Pensions (1947) 1 WAR 809
Langford v Secretary of State for Defence [2019] EWCA Civ 1271, [2020] 1 WLR 537, [2019] Pens LR 21
Marshall v Minister of Pensions [1948] 1 KB 106, [1947] 2 All ER 706, [1948] LJR 289, 63 TLR 640, 91 SJ 40
Miers v Minister of Pensions (1964) 5 WAR 673
Miller v Minister of Pensions (1947) 1 WAR 615
Miller v Minister of Pensions [1947] 2 All ER 372, [1947] WN 241, [1948] LJR 203, 177 LT 536, 63 TLR 474, 91 SJ 484
Minister of Pensions v Chennel [1947] KB 250, [1946] 2 All ER 719, [1947] LJR 700, 176 LT 164 (KBD)
Minister of Pensions v Greer [1958] NI 156, [1959] CLY 2458 (NI High Ct)
Minister of Pensions v Griseti (1955) WPAR 457
Minister of Pensions v Horsey [1949] 2 KB 526, 65 TLR 430, 93 SJ 526
Minister of Social Security v Connolly 1967 SLT 121 (Ct of Sess IH 2 Div)
Monaghan v Ministry of Pensions (1947) 1 WAR 971, 91 SJ 692
O'Neill v Minister of Pensions (1947) 1 WAR 839
Ophelia, The [1916] 2 AC 206 (PC)
Pillbeam v Minister of Pensions (1948) 4 WAR 129
Pomiechowski v Poland [2012] UKSC 20, [2012] 1 WLR 1604, [2012] 4 All ER 667, [2013] Crim LR 147, [2012] HLR 22
R (Clancy) v Secretary of State for Defence [2006] EWHC 3333 (Admin)
R (Coull) v Secretary of State for Social Security 7 November 2000 [2000] All ER (D) 1723 (QBD Admin Ct)
R (Iran) v Secretary of State for the Home Department [2005] EWCA Civ 982, [2005] INLR 633
R (Secretary of State for Defence) v Pensions Appeal Tribunal ('Hornsby") [2008] EWHC 2168 (Admin), (2008) 105(30) LSG 17
R v Barnet London Borough Council ex parte Nilish Shah [1983] 2 AC 309, [1983] 2 WLR 16, [1983] 1 All ER 226, (1983) 127 SJ 36, 1983) 81 LGR 305, 133 NLJ 61 (HL)
R v Department of Social Security ex parte Edwards 10 July 1992 (unreported) (DC)
R v Medical Appeal Tribunal (Midland Region) ex parte Carrarini [1966] 1 WLR 883, 110 SJ 509 (DC)
R v Medical Appeal Tribunal (North Midland Region) ex parte Hubble [1958] 2 QB 228, [1958] 3 WLR 24, [1958] 2 All ER 374, 102 SJ 471 (DC)
R v Secretary of State for Social Security ex parte Foe [1996] COD 505 (QBD)
Richards v The Minister of Pensions and National Insurance (1956) 5 WAR 631
Robertson v Minister of Pensions (1952) WAR 245
Royston v Minister of Pensions [1948] 1 All ER 778, [1948] LJR 1431, [1948] WN 188, 92 SJ 350, (1947) 3 WAPR 773
Sanders v Minister of Pensions (1948) 1 WAR 31
Scott v Minister of Pensions (1947) 2 WAR 589
Secretary of State for Defence v Hopkins [2004] EWHC 299 (Admin), [2004] ACD 58
Secretary of State for Social Security v Bennett 17 October 1997 (unreported) (QBD)
Secretary of State for Social Security v Fairey. See Cockburn v Chief Adjudication Officer; Secretary of State for Social Security v Halliday;
Secretary of State for Social Security v Fairey
Secretary of State for Social Security v KM [1998] ScotCS 67 (Ct of Sess (IH))
Secretary of State for Social Security v McLean (Northern Ireland) 17 November 2000 (unreported)
Secretary of State for Work and Pensions v Menary-Smith [2006] EWCA Civ 1751, [2006] All ER (D) 199 (Dec)
Senior President's Practice Statement 'Form of Decisions and Neutral Citation in the First-tier Tribunal and Upper Tribunal on or after 3 November 2008'
Shipp v Minister of Pensions [1946] KB 386, [1946] 1 All ER 417 (KBD)
South Bucks District Council v Porter (No 2) [2004] UKHL 33, [2004] 1 WLR 1953, [2004] 4 All ER 775, [2004] 28 EGCS 177, [2004] NPC 108
Starr v Minister of Pensions [1946] 1 KB 345, [1946] 1 All ER 400, (1945) 1 WAR 109 (KBD)
Wedderspoon v Minister of Pensions [1947] KB 652, [1948] LJR 5, 177 LT 8, 63 TLR 202
Whitehurst v Minister of Pensions (1947) 1 WAR 795
Williams v Minister of Pensions [1947] 2 All ER 564 (KBD)
Wood v Secretary of State for Work and Pensions R(DLA) 1/03 [2003] EWCA Civ 53, [2003] All ER (D) 330 (Jan), (2003) The Times, 11 February
Other possibly useful decisions (not referred to in Bano)
LA & Ors v Secretary of State for Defence (WP) [2014] UKUT 477 (AAC) - war pension, entitlement
Secretary of State for Defence v CAW [2023] UKUT 246 (AAC) - war pension, ALSO
Secretary of State for Defence v The Pensions Appeal Tribunal [2007] EWHC 1177 (Admin) [2008] 1 All ER 287 - War pension, Judicial Review, Pension Appeal Tribunal
