Case No. UKUT-00094-(IAC)

.” (para 36(iii)) 72. Accordingly, it is appropriate for this tribunal to examine the terms of the policy for wording of the sort that would be expected in the event that such discretion was to be found within it, and highlight omissions or deficiencies when the policy is scrutinised against Mr Hays’ realistic acceptance that there must be some form of ability to depart from it in exceptional circumstances. For the reasons set out above, no such discretion is clear from the terms of the policy. 73. Mr Hays submitted that if such wording was not present in the policy, the policy should nevertheless be read and scrutinised as though some discretion were inherent to it. To that end, Mr Hays relied on