Directions
Directions
This case is remitted to a freshly constituted panel of the First-tier Tribunal for reconsideration at an oral hearing.
There will be a complete re-hearing of the appeal in all respects except that it shall be taken as a finding of fact that the statistician’s report referred to in the requested information was not held by the Second Respondent (or by another person on its behalf) at times relevant to the appeal.
If any party has any further evidence to put before the First-tier Tribunal this should be sent to the First-tier Tribunal within one month of the date on which this decision is issued.
A copy of this decision shall be added to the bundle to be placed before the panel of the First-tier Tribunal hearing the remitted appeal.
These directions may be supplemented by later directions by a tribunal judge, registrar or caseworker in the General Regulatory Chamber of the First-tier Tribunal.
- Heading
- The appeal is allowed
- Directions
- REASONS FOR THE DECISION
- The Upper Tribunal proceedings
- Dicta on adequacy of reasons
- Ground a
- Ground b
- What was the evidence of ‘tutors’ advantage’?
- Was the evidence of ‘tutors’ advantage’ challenged?
- Did the FTT decision adequately explain why “overbearing weight” was to be given to ‘tutors’ advantage’ in the public interest balance test?
- Reasonably obvious from context why Mr Coombs’ challenge rejected?
- Reliability and credibility of witnesses - adequate explanation of the ‘tutors’ advantage’ finding?
- Relevance of “closed session” information?
- Materiality of the ‘tutors’ advantage’ finding?
- Conclusion on ground b
- Conclusions
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