Claims for Disablement or Death within 7 Years of Termination of Service - Article 40 of the SPO 2006
| Author | Andrew Bano |
| Pages | 27-31 |
Chapter 4
Claims for Disablement or Death within
7 Years of Termination of Service – Article 40 of the SPO 2006
ARTICLE 40 BURDEN AND STANDARD OF PROOF
4.1 The Royal Warrant of 4 December 1943 removed the previous requirement for a claimant to show by ‘good and sufficient evidence that his disability was in fact attributable to war service’. Article 4(2) of the 1943 Warrant stipulated that ‘in no case shall there be an onus on any claimant to prove the fulfilment of the prescribed conditions’, and that ‘the benefit of any reasonable doubt shall be given to the claimant’. Those provisions are now contained in article 40(3) of the SPO 2006, which applies to all claims in respect of disablement made no later than 7 years after the termination of service and to claims in respect of deaths within that period, whenever the claim in respect of the death is made.
4.2 In Starr v Minister of Pensions,
There is, therefore, now no burden on any claimant to produce evidence. He must of course make his claim ... The claimant may adduce any evidence he wishes, and the Minister may submit any medical question to a medical officer ... He may be able to come to a determinate conclusion without reasonable doubt, but, if the evidence leaves him in reasonable doubt, then the claimant must be given the benefit of the doubt. This means that he must not decide against the claimant on a mere balance of probabilities.
28 War Pensions and Armed Forces Compensation – Law and Practice
There must be a real preponderance of probability against him such as to exclude reasonable doubt. That is a rule as to the weight of evidence, which applies to all cases.
In Secretary of State for Defence v NM (WP),
4.3 Despite some authorities
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting