What the reasons must cover
What the reasons must cover
The judge hearing the remitted appeal must explain:
the issues to be decided,
how they assessed the evidence before them (upon which they based their material findings of fact) including how they resolved conflicts of evidence that resulted in material findings of fact. There is no need to recite evidence except insofar as that may be necessary to explain how the evidence was evaluated,
the material facts found (by reference to the evidence), including the date(s) or period(s) to which each finding relates (by reference to the decisions under appeal),
what legal tests they applied to their findings of fact to reach their decision on each appeal, and
in the light of all the facts found, why they decided the issue of whether or not the Father had a lesser share of the children’s day to day care as they did, and any other issues in the appeals.
Please don’t tell us what was “not the clinching factor”, as the tribunal which heard the appeal in February 2022 did. Tell us instead what the “clinching factor” was, if there was one.
- Heading
- The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enfo
- These appeals relate to the liability of the Appellant (whom I shall refer to as the “Father” ) to make payments to the Second Respondent (whom I shall refer to as the “Mother” ) in respect of the mai
- I give guidance to the First-tier Tribunal about
- Factual background
- Legal framework
- The First-tier Tribunal’s decision
- The permission stage and the parties’ submissions
- Analysis
- The Tribunal’s fact finding
- Reasons
- What the reasons must cover
- Conclusions
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