[2025] UKUT 355 (AAC)

While Mr Webb accepted that the condition in rule 43(2)(c) was not satisfied in the circumstances of the present appeal, he argued that this was not fatal to the claimant’s application because rule 43 does not expressly preclude the Upper Tribunal from setting a permission decision aside in circumstances not contemplated by rule 43 using other powers enjoyed by it, and because paragraph 15(3) of Part 1 of Schedule 5 to TCEA 2007 expressly preserves any power to correct errors or set aside decisions that is exercisable apart from any rules made by virtue of sub-paragraphs 15(1) and (2), Part 1, Schedule 5 TCEA 2007. In other words, rule 43 does not define the “outer limit” of the Upper Tribunal’s power to set aside. I agree with Mr Webb thus far.

So, the next question to be addressed is: “does the Upper Tribunal have any power to set aside a decision on permission other than under rule 43?” Mr Webb said that it does, but one has to “cast the net a little wider” to find it.