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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Iles v Service Personnel and Veterans Agency & Anor [2013] EWHC 2566 (Ch) (02 July 2013) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2013/2566.html Cite as: [2013] EWHC 2566 (Ch) |
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CHANCERY DIVISION
7 Rolls Building Fetter Lane London EC4A 1NL |
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B e f o r e :
SITTING AS A JUDGE OF THE HIGH COURT
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MARK GRAHAM ILES | Appellant | |
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(1) SERVICE PERSONNEL AND VETERANS AGENCY | ||
(2) MINISTRY OF DEFENCE | Respondents |
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165 Fleet Street, 8th Floor, London, EC4A 2DY
Tel No: 020 7421 4046 Fax No: 020 7422 6134
Web: www.merrillcorp.com/mls Email: [email protected]
(Official Shorthand Writers to the Court)
MR SIMON MURRAY appeared on behalf of the Respondents (instructed by The Treasury Solicitor)
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Crown Copyright ©
Tuesday, 2 July 2013
JUDGE HODGE QC:
"I write to advise that your Armed Forces Pension Scheme service pension has been subject to revision following your recent period of re-employed service with the armed forces. Under the terms of section 28 of the Army Pensions Warrant 1977 your service pension has been enhanced and will be paid at a revised rate of £12,861.83 per year from an effective date of 16 May 2006."
All other terms and conditions of Mr Iles's service pension were again said to remain unchanged.
"Mr Iles has complained that he has not been allowed to increase his entitlement under the Armed Forces Pension Scheme 1975 and was required to join the Reserve Forces Pension Scheme instead. Mr Iles has also complained that he was originally told that a period of service he gave in 2005 to 2006 would be used to increase his pension under the 1975 Scheme, but this has been transferred to the Reserve Forces Pension Scheme instead."
"Article 19F(a) did not close the 1975 Scheme to me and for the MOD to now pay me my correct service pension for my service in Afghanistan and Iraq."
Secondly, in relation to paragraph 53, Mr Iles wished to vary the determination to provide that all the necessary elements to establish a legally binding contract were there, and for the Ministry of Defence to reinstate Mr Iles's entitlement under the 1975 Scheme for his period of service in Afghanistan.