Marriott v. Commissioner of Police

The appeal in *Marriott v. Commissioner of Police* concerned the interpretation of provisions relating to police officers injured on duty. The appellant, a police officer, sought to challenge a decision by the Government and Related Employees Appeal Tribunal (GREAT) regarding his entitlement to compensation. The Commissioner of Police was the respondent.

The central legal issues before the court were whether the appellant's condition constituted an "injury" within the meaning of the relevant legislation, specifically if the aggravation of a pre-existing disease could be considered such an injury, and whether the incapacity from which the appellant suffered was caused by that injury. The court also considered whether GREAT had adequately addressed these crucial questions in its determination.

The court found that GREAT had erred in law by failing to properly consider whether the appellant's incapacity was caused by an "injury" as defined, particularly in light of the aggravation of a pre-existing condition. The judges reasoned that the Tribunal's focus had been too narrow, and it had not sufficiently engaged with the causal link required by the legislation. Consequently, the appeal was allowed, the previous orders were set aside, and the matter was remitted to the Tribunal for a fresh decision. The respondent was ordered to pay the appellant's costs of the appeal.