Conclusions
Disposal
Having decided to set aside the FtT Decision under section 12(2)(a) of the 2007 Act I have a discretion whether to remit the matter to the First-tier Tribunal for redetermination, or to remake the decision for myself.
Because further facts need to be found, and because the First-tier Tribunal with its expert members is best place to hear and evaluate the evidence, the appropriate disposal is for me to remit the matter to be determined afresh by a panel of the First-tier Tribunal.
Thomas Church
Judge of the Upper Tribunal
Authorised by the Judge for issue on 12 September 2025
- 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 this appeal
- Conclusions
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