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SSD v CAW (WP)
[2023] UKUT 246 (AAC)
IN THE UPPER TRIBUNAL Appeal No.UA-2023-000242-WP
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber)
Between:
Secretary of State for Defence
Appellant
- v -
C.A.W.
Respondent
Before: Upper Tribunal Judge Wikeley
Decision date: 5 October 2023
Decided on consideration of the papers
Representation:
Appellant: Ms Jennifer Seaman of Counsel, instructed by the Government Legal Department
Respondent: Mr Glyn Tucker, Royal British Legion
DECISION
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- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 26 October 2022 under case number SD/00065/2022 was made in error of law
- The subject matter of this appeal to the Upper Tribunal
- An outline of the course of the appeal
- A summary of the Upper Tribunal’s decision
- The legal background to ALSO
- The factual background to this appeal
- The Secretary of State’s decision on the new claim for ALSO
- The claimant’s appeal to the First-tier Tribunal
- The First-tier Tribunal’s decision
- The proceedings before the Upper Tribunal
- The Secretary of State’s grounds of appeal
- Analysis
- Conclusions