The hearing
The hearing
For the Appellant, Mr Broach KC appeared before me in the Upper Tribunal, with Ms I Jolley having appeared before the Tribunal. For the Respondent, Mr Holland appeared before me in the Upper Tribunal, the Respondent having been disbarred from appearing before the Tribunal.
The Appellants raised the possibility of the Respondent being disbarred from further participation were the case to be remitted. However, it was agreed that participation in future proceedings was properly a matter for the First-tier Tribunal and no application was made to me.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 2 October 2024 under number EH895/23/00086 was made in error of law. Under section 12(2)(a) a
- Background
- The hearing
- Tribunal’s decision
- Submissions
- Appellant’s Submissions
- Ground 2 (SLT)
- Respondent’s Submissions
- Ground 2 (SLT)
- Law
- Conclusion
- Ms Fern’s evidence
- Weighing of available evidence
- Placement specific factor
- Specificity
- Ground 2 (SLT)
- Conclusions
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