[2024] UKUT 56 (LC)

As we saw at paragraph 31 above the FTT said at its paragraph 24 that the appellant “had not explained in detail the extent or costs of the works.” The appellant says that this is incorrect and points to the following material that was before the FTT:

This material is all in the appeal bundle. Whilst the appellant’s pleadings in the FTT (items a and b above) did not themselves specify in detail the work done, nor mention its cost, the documents exhibited to the pleadings (the rest of the items above) did. The Schedule of works, and the schedule of estimates and final costs are particularly detailed and gave the FTT all it needed to know. The FTT’s attention was drawn to them, and particularly to the final cost, in the course of the hearing. The finding that the appellant did not give sufficient explanation of the works or of the cost was made against the weight of the evidence and is set aside.