Our approach on an appeal such as this
11. The Upper Tribunal, in an appeal of this sort, has the function of hearing and deciding on all matters whether of fact or law. But it may not take into consideration any circumstances which did not exist at the time of the determination which is the subject of the appeal. In Bradley Fold Travel Ltd and Anor v Secretary of State for Transport [2010] EWCA Civ 695, it was explained by the Court of Appeal that the Upper Tribunal has the duty, on an appeal to it, to determine matters of fact and law on the basis of the material before the TC but without the benefit of seeing and hearing from witnesses. It was further explained that the burden lies on an appellant to show, in order to succeed on appeal, that the process of reasoning and the application of the relevant law requires the Upper Tribunal to adopt a different view to that taken by the TC.
- DECISION OF THE UPPER TRIBUNAL
- SUBJECT MATTER
- CASES REFERRED TO
- Introduction
- Some relevant legislation
- “13D. Further requirements for standard and restricted licences
- The background and the TC’s decision
- The grounds of appeal to the Upper Tribunal
- Our approach on an appeal such as this
- Our reasoning on the appeal
- Member of the Upper Tribunal