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Conclusions
Disposal
It is appropriate to exercise my discretion to set aside the FtT Decision under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 and to remit the matter to the First-tier Tribunal so that it can determine the appeal afresh.
The claimant has raised other potential errors of law made by the Tribunal, including:
its decision not to award points that the Secretary of State had conceded on mandatory reconsideration were applicable without having warned the claimant that it might do so, depriving him of the opportunity to offer further evidence in relation to those activities in breach of the principles of natural justice; and
inadequacy of reasons.
Because I have decided to set the FtT Decision aside and to remit the appeal to the First-tier Tribunal for redetermination afresh, it is unnecessary for me to address these grounds, because any further errors will be subsumed by the rehearing.
Authorised for issue on: 2 July 2025 | Thomas Church |
- Heading
- As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is R
- What this appeal is about
- Background
- The permission stage
- The positions of the parties
- Why I have allowed the appeal
- Conclusions