Allowing the appeal (that means Mr. Duncan got his pension) the Judge continued:
"On 24 October 2006 Mr Duncan appealed against the Secretary of State's refusal to award him a War pension in respect of the claimed conditions. In his reasons for appeal Mr Duncan referred to his exposure to Alpha and beta particles and to the danger of inhalation or ingestion. Professor Busby submitted a detailed expert report dated 30 March 2008 (page 209 SoC). He is a distinguished scientist who was asked by Michael Meacher MP. Minister of the Environment. to be a member of the Committee Examining Radiation Risks of Internal Emitters (CERRIE). This is an area of science where there are divergent views. We find that the Secretary of State has insufficiently considered Professor Busby's two principal arguments:
that the greater risk to Mr Duncan was through inhalation; and
that a low reading on a dose meter does not necessarily indicate also a low exposure to alpha and beta particles.
The Secretary of State chose to make no further comment on the information contained in Professor Busby's further expert written statement. Professor Busby gave evidence at the Tribunal hearing. We find that his evidence is both cogent and reliable and raises a reasonable doubt that the Secretary of State's views which rely exclusively on contemporary dose meter readings is wrong."
This page was originally published in Radioactive Times