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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 13 June 2023 under case number SC140/23/00419 was made in error of law. Under section 12(2)(a
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 13 June 2023 under case number SC140/23/00419 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007, that decision is set and the appeal is remitted to an entirely differently constituted First-tier Tribunal to be redecided, after an oral hearing, and in accordance with the law set out in this decision.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 13 June 2023 under case number SC140/23/00419 was made in error of law. Under section 12(2)(a
- Introduction
- The First-tier Tribunal’s decision
- The Secretary of State’s support for the appeal
- The need for an oral hearing
- The written arguments of the parties
- The appellant’s arguments
- Relevant law
- Case law
- Analysis and conclusion
- Within a reasonable time period and resting before the activity
- Conclusions