[2025] UKUT 355 (AAC)

Mr Webb questioned whether the Upper Tribunal’s case management powers set out in rule 5 of the UT Rules, which include a power (subject to the TCEA 2007 and any other enactment) to regulate its own procedure, were broad enough to include such a power. He accepted, however, that while rule 5 refers to a power to make a direction setting aside an earlier direction, it does not refer to a power to make a direction setting aside an earlier decision. He noted that in JG v SSWPthe judge had expressed the view (at [29]) that were rule 5 to confer a power to set aside a decision (as opposed to a direction) it would need to say so expressly, and he did not take issue with JG v SSWP to that extent. Mr Webb said that he did not rely on rule 5 as the source of the Upper Tribunal’s power to set aside the Permission Disposal Decision.