Phillips v. Strathclyde Joint Police Board

Factual and Procedural Background

The Plaintiff was a constable in Company A until discharged on medical grounds on 9 March 2000. He applied for a police pension, including an injury award under Regulation B4 of the Police Pensions Regulations 1987 (the 1987 Regulations), raising the question of whether he was permanently disabled due to an injury received during duty. The Defendant referred medical questions to their Chief Medical Officer, whose certificate was disputed by the Plaintiff. An independent medical referee was appointed and rejected the Plaintiff's appeal. The Plaintiff sought judicial review of that determination, which was initially remitted for reconsideration. Following a further adverse determination, the Plaintiff again sought judicial review. The Defendant challenged the competency of the petition, but the lower court held the petition competent and allowed further procedure. The Defendant reclaimed against that interlocutor, leading to the present opinion.

Legal Issues Presented

1. Whether the Plaintiff’s challenge to the medical referee’s determination was properly brought by way of judicial review or should have been pursued by appeal to the sheriff under Regulation H5 of the Police Pensions Regulations 1987.
2. The interpretation and scope of appeal rights under Part H of the 1987 Regulations, particularly regarding the finality of medical authority decisions and the limits on appeals to the sheriff.

Arguments of the Parties

Defendant's Arguments

• The refusal to admit the Plaintiff's claim triggered an unrestricted right of appeal to the sheriff under Regulation H5, which empowers the sheriff to make just orders.
• The lower court erred in construing Regulation H3(1) as limiting the sheriff’s powers; it only provides one possible disposal among many.
• Decisions on the four medical questions under Regulation H1(2) are not discretionary police authority decisions, thus issues raised could have been appealed to the sheriff.

Plaintiff's Arguments

• The Regulations do not create a general right of appeal against medical authority decisions; such decisions are final subject only to limited appeals and references back on grounds of inaccurate or inadequate evidence.
• Regulation H7(2) binds the court to final medical authority decisions in appeals under Regulation H5, excluding statutory appeals on medical determinations but not judicial review.
• The finality of medical decisions excludes statutory appeal rights but preserves the right to judicial review, supported by relevant case law.
• The Defendant's argument had not previously been advanced in cases under Part H and is unsound.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Tarmac Econowaste Ltd v Assessor for Lothian, 1991 SLT 77	Judicial review is not available if a statutory right of appeal exists.	Confirmed that if an appeal to the sheriff was available, judicial review would not lie.
Phillips v Strathclyde Joint Police Board, 2001 SLT 1271	Judicial review can be competent where grounds challenge error of law and irrationality.	Earlier interlocutor remitting the case for re-determination and recognizing judicial review on certain grounds.
R v Medical Appeal Tribunal, ex p Gilmore, [1957] 1 QB 574	Judicial review can be available despite finality of tribunal decisions in some contexts.	Supported the Plaintiff’s argument that judicial review is not excluded by finality provisions.
Sangha v Home Secretary, 1997 SLT 545	Judicial review remains a remedy notwithstanding statutory finality of certain decisions.	Reinforced the availability of judicial review despite final medical determinations.
R v Mallett, ex p Stunt, (2001) ICR 989	This case was referenced as an example where the Defendant's point had not been previously taken.	Used to illustrate the novelty and unsoundness of the Defendant’s argument in the present case.
R v Fagin and Travers, ex p Mountstephen, (1996) CO/92/95	Similar to Mallett, cited for lack of prior acceptance of the Defendant’s argument.	Supported the conclusion that the Defendant’s point was previously unraised and unaccepted.

Court's Reasoning and Analysis

The court analyzed the statutory scheme of Part H of the 1987 Regulations, emphasizing the finality of medical authority decisions on specialist medical questions concerning disablement and injury. It acknowledged that while the right of appeal under Regulation H5 exists against police authority decisions, this right does not extend to challenging the medical authority's determinations, which are binding on the court except in limited circumstances of inaccurate or inadequate evidence as specified in Regulation H3(1).

The court agreed with the lower court that judicial review was competent because the Plaintiff’s challenge was to the medical authority’s decision, which is not subject to appeal under Regulation H5. It rejected the Defendant’s argument that the appeal to the sheriff was unrestricted and could cover the medical authority’s decision, noting that the Defendant’s argument had not been previously accepted in case law and was unsound.

The court also noted that the right of appeal under Regulation H5 is against the police authority’s decision, not the medical authority’s decision, and that the police authority’s discretion is limited with respect to the medical determinations. The court left open the question of whether other appeals might lie in cases involving police authority determinations on claimant default, but found that this was not relevant to the present case.

In summary, the court concluded that the statutory framework supports the finality of medical authority decisions and limits the scope of appeals to the sheriff, thereby justifying the Plaintiff’s use of judicial review to challenge the medical authority's determination.

Holding and Implications

The court REFUSED THE RECLAIMING MOTION and remitted the case to the lower court to determine the merits of the Plaintiff’s petition for judicial review.

This decision confirms that challenges to medical authority decisions under the Police Pensions Regulations 1987 are not precluded by the existence of statutory appeal rights to the sheriff and that judicial review remains a competent remedy. The ruling clarifies the finality and limited appeal scope of medical determinations within the statutory framework but does not establish new precedent beyond the facts of this case.