The positions of the parties
The positions of the parties
Ms Keates, on behalf of the Secretary of State, indicated support for the appeal on the basis that she considered that the Tribunal had erred in its fact finding and in failing to give adequate reasons for its decision making. She invited me to set the FtT Decision aside and to remit the matter to be reheard by another tribunal.
The claimant’s representative encouraged me to publish a reasoned decision on the appeal on the basis that she considered that it would be helpful to highlight the issue of drawing impermissible inferences from evidence about treatment (or lack of treatment) because in her experience it is a common practice.
Neither party requested an oral hearing.
Given the degree of agreement between the parties, I decided that the interests of justice did not require 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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