Appeal to the Upper Tribunal
Appeal to the Upper Tribunal
Permission to appeal was granted by Upper Tribunal Judge Butler. The grounds on which permission was granted were:
The Tribunal may have made an error of law in evaluating the appellant’s evidence as vague when she answered the questions she was asked (and the Tribunal did not follow them up);
It was not clear how the Tribunal had applied regulation 4(2A) to the appellant’s oral evidence about carrying out PIP activities. Upper Tribunal Judge Butler listed examples of this in paragraph 6 of her decision granting permission to appeal;
The Tribunal may have made an error of law in terms of the adequacy of reasons for the decisions it reached; and
There may have been procedural irregularity in the Tribunal asking the appellant closed questions and then not following these up to explore, or clarify, her answers.
- Heading
- Section 1
- What this case is about
- The claim
- The First Tier Tribunal
- Appeal to the Upper Tribunal
- Issues in the Appeal
- My conclusion on whether these matters amount to procedural unfairness
- Application of Regulation 4(2A) to the oral evidence in respect of PIP activities
- Adequacy of reasons
- Conclusions
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