[2025] UKUT 355 (AAC)

Appeal No. UA-2024-001439-AFCS

In The Upper Tribunal
Administrative Appeals Chamber

Between:

JTC

Applicant

-v-

Secretary of State for Defence

Respondent

Before: Upper Tribunal Judge Church

Hearing Venue: Field House, London

Representation:

Appellant: Mr Tom Webb, of counsel

Respondent: Mr Paul Carolan, Veterans UK (written submissions only)

On appeal from:

Tribunal: First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber)

First-tier Tribunal No.: AFCS/01265/2019

Tribunal Venue: Fox Court, London

Decision Date: 22 February 2023

SUMMARY OF DECISION

34 Tribunal Procedure and Practice; 34.8 Set aside applications

The Upper Tribunal usually only publishes decisions on substantive appeals. This application for the setting aside of the Upper Tribunal’s refusal of permission to appeal raises issues about the scope of the Upper Tribunal’s powers to set aside its decisions. Because these issues tend to arise only in cases in which the Upper Tribunal has refused permission to appeal, the decisions about them do not receive public scrutiny. This decision is therefore published in the interests of transparency.

The application for set aside was dismissed on the basis that the Upper Tribunal has no power to set aside a decision on permission to appeal on the basis that a party, or a party’s representative, was not present at a hearing related to the proceedings in circumstances where no hearing had been requested and the decision was made on the papers, whether under the Tribunal Procedure (Upper Tribunal) Rules 2008 or exercising the powers of the High Court (whether statutory or inherent) invested in it under section 25 of the Tribunals, Courts and Enforcement Act 2007.

Please note that the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

noticeofdeterminationofapplication to set aside

adecisionoftheuppertribunal

The application to set aside the decision dated 23 January 2025 refusing to extend time for the Applicant to make his application for permission to appeal to the Upper Tribunal and refusing to admit the application for permission to appeal is dismissed.

REASONS