In Brief
A soldier with 25 years' Regular Army service was re-enrolled in the Territorial Army's Ecological Task Force. While on authorized leave returning to duty, he sustained a serious accident resulting in amputation and 80% disability assessed as attributable to military service. The Armed Forces Tribunal rejected his disability pension claim, relying on a 2008 government communication denying pensionary benefits to ETF members. The Supreme Court held that statutory pension regulations (Pension Regulations for the Army, 1961) govern Territorial Army members and prevail over internal administrative communications. The Court found the soldier entitled to disability pension and set aside the AFT's decision, directing grant of arrears with interest from the invalidation date.
The lawyer headnote and full judgment text are available to registered users.