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Higher Judges

tru88letru88le Posts: 137 Member
Do the judges later in the post tribunal  appeals process actually  direct the pip tribunals towards a decision when they allow an appeal?


  • mikehughescqmikehughescq Member Posts: 6,544 Disability Gamechanger
    No, IF they conclude there was an error of law then they have a range of options. In no particular order...

    1 - make the decision the FTT ought to have made. Very rarely exercised.
    2 - send back to a new FTT with comments but no directions. Prius ly the most common outcome.
    3 - send back with directions. Not done as often but also doesn’t bind an FTT in any way to follow them as that would fetter their discretion. The only exception might be when a UT decision is made by 3 UT judges but even then there’s score fir disregarding directions to a degree.
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