At the Tribunal | |
Before
HIS HONOUR JUDGE COLLINS CBE
MR P M SMITH
MR K M YOUNG CBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | Dr D Singh 26 Matthews Court Highbury Grange London N5 2PD |
For the Respondent |
JUDGE COLLINS :
'The tribunal failed to direct themselves correctly on the question of disability when considering the element of substantial adverse effect on the applicants day to day activities.'
'An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day to day activities but for the fact that measures are being taken to treat or correct it is to be treated as having that effect.'
In other words the question has to be decided on the basis of what symptons Mr Ganase would have had if he had not been taking drugs. In this case the evidence was that he was taking 100mg every night of a drug called Lustral which according to the evidence before us was substantially a pain killing drug, although we have been told it is also used in certain cases for depression.