Alan Bennett wins High Court case over medical downgrade

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Alan Bennett won his High Court judicial review on 20 January 2015, when Mr Justice Noonan quashed a Medical Board decision that had left him ineligible for Naval Service re-engagement.

The court found the board had assessed whether his earlier classification was correct instead of classifying him on the evidence available when it reviewed him. It therefore acted in excess of its jurisdiction and ultra vires.

Bennett had appealed a medical classification imposed after an examination for his application to extend his service. The judgment records that the board upheld the original decision on 23 August 2012 and that a further confirmation followed on 14 January 2013.