The Law Reports (Queen's Bench Division)
[1966] 2 QB 580
[QUEEN'S BENCH DIVISION]
JUDD
v.
MINISTER OF PENSIONS AND NATIONAL INSURANCE
1965 July 26;
Oct. 4.
Oct. 4.
EDMUND DAVIES J.
Military Law
— Pension
— Burden of proof
— Injury sustained during war service
— Condition of “cervical spondylosis” diagnosed subsequent to discharge
— Whether condition attributable or aggravated by earlier injury
— Whether “benefit of any reasonable doubt … given to … claimant”
— Standard of proof
—
Royal Warrant, 1949 (Cmd. 7699), art. 4 (2) (3).
Burden of Proof
— Pension claim under Royal Warrant
— Burden on Crown
— Civil or criminal standard of onus of proof
— “Benefit 581of any reasonable doubt” to be given to claimant
—
Royal Warrant, 1949 (Cmd. 7699), art. 4 (2) (3).
Judicial Precedent
— Pension claim under Royal Warrant
— Whether doctrine of stare decisis applicable
— Not applicable “in its full vigour” (post, p. 589D).