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Permission to appeal on Appal Grounds 3, 4 and 5
Permission to appeal on Appal Grounds 3, 4 and 5
At this stage it should be addressed that permission to appeal was granted with regard to grounds 1 and 2 only. Permission to appeal and the substantive issues were rolled-up for grounds 3, 4 and 5. Having heard submissions from the parties, I am satisfied that permission to appeal should be granted in respect of all three remaining grounds. There is a realistic prospect that they will succeed.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 22 June 2022 under number EH301/21/00046 was made in error of law. Under section 12(2) (a) an
- REASONS FOR THE DECISION
- The case put to the First-tier Tribunal
- The First-tier Tribunal’s decisions and reasons
- The substantive claim
- Proceedings before the Upper Tribunal
- The issues on this appeal
- Statutory Framework
- Caselaw authorities
- Discussion
- Appeal Ground 2
- Permission to appeal on Appal Grounds 3, 4 and 5
- Appeal Ground 3
- Appeal Ground 4
- Appeal Ground 5
- Conclusions