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Conclusions
Conclusion
The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), b(ii) and (4) of the Tribunals, Courts and Enforcement Act 2007, I set the decision aside and remake the decision as set out at the beginning of this judgment.
Thomas Church
Judge of the Upper Tribunal
Authorised by the Judge for issue on 3 December 2024
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a), b(ii) and (4) of the Tribunals, Courts and Enforcem
- Introduction
- The agreed factual and procedural background
- Factual issues in dispute
- Legal framework
- The First-tier Tribunal’s decision
- The grounds of appeal and the parties’ submissions
- Analysis
- Was the Tribunal mistaken in its analysis of Article 11?
- How should the Tribunal have approached Article 11 and what did it need to say about it?
- Has civilian/charity rugby been “approved” by the Defence Council?
- Was the Fixture, and the organisation and training for it, “recognised” by the relevant Service?
- Article 11(6)(b)
- Disposal
- Conclusions