LC-2023-000815 - [2024] UKUT 263 (LC)

Fecha: 01-Ene-2024

Analysis of the Appeal – overall approach

Analysis of the Appeal – overall approach

102.

The Appeal raises issues common to both of the Agreements, whereas the Term Issue is confined to the 1997 Agreement. In these circumstances I will consider the Appeal first, given that the issues raised by the Appeal have to be determined, at least in relation to the 2002 Agreement, whatever my decision on the Term Issue. I will then consider the Term Issue.

103.

In my analysis of the Appeal I find it convenient to adopt the following approach:

(1)

I will deal first with the arguments in paragraph 7 of the Grounds of Appeal.

(2)

I will then deal with the arguments in paragraph 8 of the Grounds of Appeal. As part of that analysis I will also deal with the arguments, specific to the 2000 Supplemental Agreement, set out in paragraphs 9 and 10 of the Grounds of Appeal.

104.

In making reference to the arguments in the Grounds of Appeal I keep in mind, of course, that I am considering those arguments as they have been elaborated upon in the written and oral arguments of APW and OT at the hearing of the Appeal. I also keep in mind the respondent’s notice filed by OT, save for the Term Issue, with which I will deal separately.