*NHS Business Services Authority v Young

National Health Service – Hospital. The Court of Appeal, Civil Division, dismissed the appellant authority's appeal against the decision of a judge who set aside a determination of the Pensions Ombudsman made in relation to the respondent, a former community nurse, and requiring the authority to undertake a fresh assessment of her claim to Permanent Injury Benefit under the provisions of the National Health Service (Injury Benefits) Regulations 1995, SI 1995/866, as amended. Among other findings, the correct construction of the words 'by reason of the injury', contained within reg 4(1) of the Regulations, was that the injury had to be an effective or operative cause of the permanent loss of earning ability (in other words, that, but for the injury, there would not have been a permanent loss of earning ability).

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