The permission stage
The permission stage
The claimant sought permission from the First-tier Tribunal to appeal to the Upper Tribunal on several grounds but on 16 December 2024, a District Tribunal Judge refused permission to appeal. The claimant then exercised his right to apply to the Upper Tribunal for permission to appeal and the matter came before me.
The claimant’s representative made numerous criticisms of the FtT Decision. Many of the criticisms that the claimant’s representative made about the FtT Decision amounted in substance to a disagreement with the Tribunal’s assessment of the evidence and the findings of fact that it made, and did not disclose any arguable error of law. However, I was able to identify an arguable error of law which I considered warranted a grant of permission, and made Case Management Directions for the parties to make submissions on the substantive appeal and to indicate whether they requested an oral hearing.
- 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) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act” ) and the ca
- What this appeal is about
- Background
- The permission stage
- The positions of the parties
- Why I have allowed the appeal
- Conclusions
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