![[2024] UKUT 395 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
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
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 Enforcement Act 2007, I set the decision aside and remake the decision as follows:
“The appeal is dismissed. The claimant is not entitled to an award of compensation in relation to his left knee injury. The Secretary of State’s disallowance decision of 30 January 2018 is confirmed.”
REASONS FOR DECISION
- 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