![[2023] UKUT 157 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
The appeal is allowed
The appeal is allowed.
The decision of the First-tier Tribunal under reference EA/2020/0310, made on 22 February 2022, involved the making of an error in point of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered by a panel of the First-tier Tribunal (General Regulatory Chamber) in accordance with the following directions.
- 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