[2023] UKUT 246 (AAC)

The Secretary of State subsequently filed an expanded and fully reasoned notice of appeal (settled by counsel) directly with the Upper Tribunal. Judge Hemingway granted the Secretary of State permission to appeal. Ms Jennifer Seaman of Counsel (on behalf of the Secretary of State) and Mr Glyn Tucker of the Royal British Legion (on behalf of the claimant) have each provided helpful written submissions on the appeal. Both parties have indicated a wish to have an oral hearing, but then immediately qualified that rather lukewarm preference by stating that this was only if the Upper Tribunal wished to hear further legal arguments. However, I am satisfied that the issues have been well ventilated in the parties’ written submissions. I am not persuaded that an oral hearing of the appeal is necessary or proportionate. I am therefore proceeding to determine the appeal on the papers.