12.38 Can you argue before the UT a point which was not in issue before the ETW?

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12.38 Can you argue before the UT a point which was not in issue before the ETW?

Nodi No-nonsense Guide to ALN law in Wales ALN 12 Tribunal Procedure / challenging an ETW decision

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

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01 Nov 2024
Yes

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Yes. However, there are limits to the points which may be taken on appeal, one of which is that permission to take a new point will not generally be granted where the new point would have affected the course of evidence in the FTT: PM v Worcestershire CC [2022] UKUT 53 (AAC) para 49, para 54-55, Westminster CC v FTT [2023] UKUT 177 (AAC) para 104 (referring to Singh v Dass [2019] EWCA Civ 360).

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team

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