HC Deb 14 June 1945 vol 411 cc1796-7W
Mr. Stephen

asked the Lord Advocate whether, in view of the fact that under the Royal Warrant there is no onus of proof upon a claimant to a pension, that the benefit of any reasonable doubt must be given to a claimant and of the decision in the Court of Session in the case of Mitchell, 11, Prestonfield Park, Edinburgh, setting aside the unfavourable decision of the Pensions Appeal Tribunal in that case, he will take steps in consultation with the Lord President of the Court of Session, to refer back to the tribunals all similar cases where an unfavourable decision was given.

The Solicitor-General for Scotland

My right hon. Friend has no power to take the action suggested by the hon. Member, or to secure, by any means, a rehearing by the tribunals of the cases referred to. I might add that in the case of Mitchell there were special features which may not have been present in the other cases.