[2024] UKUT 241 (AAC)

Given the two appeals succeed on the grounds set out above, I do not need to address any other grounds of appeal.

For the reasons given above, both appeals succeed. The Upper Tribunal is not able to re-decide the first instance appeals. The two appeals will therefore have to be re-decided afresh by a completely differently constituted First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber), at a hearing.

The appellant’s success on these appeals to the Upper Tribunal on error of law says nothing one way or the other about whether his appeals will succeed on the facts before the new First-tier Tribunal, as that will be for that tribunal to assess in accordance with the law and once it has properly considered all the relevant evidence.