In McLOUGHLIN v The Chief Constable of West Yorkshire (April 2019), the judge tackled the limitation considerations, finding that the claim for an increased injury pension was not statute barred in that time only began to run when the original medical opinion of 1984 was substituted for a medical opinion produced some 34 years later.
Significantly, the fresh medical opinion only arose due to the ‘reconsideration’ provisions of the police injury benefit Regulations which were utilised when the Appellant later alleged fraud in the preparation of the first medical report in 1984. This resulted in a medical report being produced in 2018 which indicated that McLoughlin was indeed suffering an injury much greater than the original medical report first indicated. It remains to be seen whether the decision will be subject to any appeal.
The full decision can be seen at- http://www.bailii.org/ew/cases/Misc/2019/9.pdf