[2024] UKUT 290 (AAC)

It is in the nature of an inadequacy of reasons that we cannot know whether the correct tests were applied, or if they were, whether they were applied correctly. As such, the error of law must be considered to be material. In all the circumstances the interests of justice require me to exercise my discretion under section 12(2)(a) of the 2007 Act to set aside the erroneous decision.

Because the First-tier Tribunal is the most appropriate forum for determining this matter I exercise my discretion under section 12(2)(b)(i) of the 2007 Act to remit the Respondent’s strike-out application to be re-heard by a different judge of the First-tier Tribunal (General Regulatory Chamber).

I appreciate the irony of my giving such very brief reasons for this decision on the topic of adequacy of reasons. These proceedings have already generated a huge, and I suggest disproportionate, amount of paper. I am loathe to add materially to it, hence the brevity of this appeal notice. I hope I have said enough.