R v Northumberland Compensation Appeal Tribunal, ex p. Shaw

LORD JUSTICE SINGLETON, LORD JUSTICE DENNING, and LORD JUSTICE MORRIS. ____________________

Transcript of the shorthand Notes of The Association of Official Shorthandwriters, Ltd., 2, New Square, Lincoln's Inn, London, W.C.2, and Room 392, Royal Courts of Justice, Strand, London, W.C.2.

Counsel for the Appellants: THE ATTORNEY-GENERAL, (Sir Lionel Heald, K.C. M.P.), MR J.P. ASHWORTH, and MR H.A.P. FISHER (instructed by the Solicitor, Ministry of Health.) Counsel for the Applicant Mr Shaw: MR GERALD GARDINER, K.C., and MR M.L. LYELL (instructed by Mr Gwylum T. John). The Respondents, the Northumberland Compensation Appeal tribunal, were not represented. ____________________

LORD JUSTICE SINGLETON : Mr Thomas Shaw was formerly Clerk to the West Northumberland Joint Hospital Board. He lost that office, and the loss of it was attributable to the passing of the National Health Service Act, 1946. Accordingly he claimed compensation under Regulation 10 of the National Health Service (Transfer of Officers and Compensation) Regulations, 1948.

The compensating Authority (the Gosforth Urban District Council) did not award compensation on the scale to which he considered that he was entitled under the Regulations and the Schedule thereto, and he caused the matter to be referred to the Tribunal under Regulation 12. The Tribunal is the Compensation Appeal Tribunal having jurisdiction for the County of Northumberland. The Tribunal upheld the decision of the compensating Authority,