Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 398 (AAC)

Fecha: 10-Oct-2024

The procedural fairness issue

The procedural fairness issue

14.

It seems to us the most efficient way of dealing with this appeal is to consider, first, one aspect of the procedural unfairness ground. This requires us to summarise, in some detail, some particulars of the proceedings before the TC. We will first do that, and then present our analysis of the procedural unfairness issue.

Heading
The appeal is allowed
The TC’s written decision
Jurisdiction of the Upper Tribunal
The Upper Tribunal proceedings in this case
The appellants’ grounds of appeal
The procedural fairness issue
Summary of Mr Saleh’s letters to OTC prior to the public inquiry
Summary of the call up letter to Excell Logistics Ltd
Public inquiry transcript
Our analysis of the procedural unfairness argument
First question: was Miss Kufandirori fairly made aware of the contents of Mr Saleh’s letters to OTC prior to the public inquiry?
Second question: fairness of Miss Kufandirori not being made aware of the content of Mr Saleh’s letters to OTC prior to public inquiry
Third question: did the unfairness make a material difference?
Conclusion on procedural unfairness
Conclusions