[2024] UKUT 170 (AAC)

On 10 December 2021 the Appellant renewed the application for permission to appeal direct to the Upper Tribunal. The application comprised three grounds of appeal. Ground 1, in summary, was that the FTT had erred in law by utilising impermissible methods to find facts. Ground 2 was that the FTT had misdirected itself in law by failing to recuse itself. Ground 3 was that the FTT had misdirected itself in law by failing to have regard to the fact that the AFCS is a no-fault scheme and by its erroneous application of the legal test for causation.

On 5 June 2023 Upper Tribunal Judge Hemingway held an oral hearing of the application for permission to appeal. In a ruling dated 18 July 2023 (but not issued until 30 August 2023) Judge Hemingway gave limited permission to appeal, granting permission on Grounds 1 and 3 but refusing leave in respect of Ground 2. I therefore need say no more about the recusal ground of appeal. Conduct of the appeal was subsequently transferred to myself on the retirement of Judge Hemingway.