Q:
12.31 Is an FTT decision automatically suspended pending a UT appeal?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
Simple
No. “A stay is the exception rather than the rule, solid grounds have to be put forward by the party seeking the stay, and, if such grounds are established, then the court will undertake a balancing exercise weighing the risks of injustice to each side if a stay is or is not granted.”: Carmarthenshire v M & JW (SEN) [2010] UKUT 348 (AAC) #16. Where an FTT decision has been implemented, it is possible but unlikely that a stay is appropriate: Essex CC v FA and anor [2019] UKUT 38#39.
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