Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 215 (AAC)

Fecha: 11-Feb-2025

The grounds of appeal

22.

The appellant brings this appeal to the Upper Tribunal on six grounds. I take the six grounds from the appellant’s Notice of Appeal. The six grounds a set out in the Notice of Appeal are:

(i)

Ground 1: whether GWI is a qualifying injury?;

(ii)

Ground 2: whether the status of GWI as a diagnostic entity is academic?

(iii)

Ground 3: does the appellant meet the criteria for GWI?

(iv)

Ground 4: findings relating to cognitive difficulties;

(v)

Ground 5: findings related to loss of libido; and

(vi)

Ground 6: causation.

23.

At the hearing, Mr Haddow for the appellant took grounds 1, 2 and 6 together, followed by ground 3 and then grounds 4 and 5 (which he described as covering conditions other than GWI).

24.

Although the above are only the headings for each of the grounds, on their face none of them raise any argument that the PATS erred in law in its decision. Taken at face value the questions about whether GWI is a qualifying injury and whether the appellant met the criteria for having GWI are issues of fact which it is not for the Upper Tribunal to decide in the exercise of its error of law jurisdiction. However, as will become apparent, at least to an extent the grounds when unpacked further did raise what were said by the appellant to be errors of law in the PATS’s approach to his appeal.