The Upper Tribunal’s decision in summary and what happens next
The Upper Tribunal’s decision in summary and what happens next
I allow the Appellant’s appeal to the Upper Tribunal. The decision of the First-tier Tribunal involves a legal error. For that reason, I set aside the Tribunal’s decision.
However, I refuse the Appellant’s reqest for an oral hearing of the Upper Tribunal appeal. The case now needs to be reheard by a new and different First-tier Tribunal. This will be at a local venue in Birmingham that is more convenient for the Appellant. I cannot predict what will be the outcome of the FTT re-hearing. So, the new tribunal may reach the same, or a different, outcome decision to that of the previous Tribunal. It all depends on the findings of fact that the new Tribunal makes.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 4 April 2023 under number SC285/22/01290 was made in error of law. Under section 12(2)(a) and
- This appeal to the Upper Tribunal: the result in a sentence
- The Upper Tribunal’s decision in summary and what happens next
- The chronology of the appeal
- The proceedings before the Upper Tribunal
- What happens next: the new First-tier Tribunal
- Conclusions
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