JTC v The Secretary of State for Defence: [2025] UKUT 355 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 14 October 2025.
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Judicial Summary
The Upper Tribunal usually only publishes decisions on substantive appeals. This application for the setting aside of the Upper Tribunal’s refusal of permission to appeal raises issues about the scope of the Upper Tribunal’s powers to set aside its decisions. Because these issues tend to arise only in cases in which the Upper Tribunal has refused permission to appeal, the decisions about them do not receive public scrutiny. This decision is therefore published in the interests of transparency.
The application for set aside was dismissed on the basis that the Upper Tribunal has no power to set aside a decision on permission to appeal that was made on the papers, whether under the Tribunal Procedure (Upper Tribunal) Rules 2008 or exercising the powers of the High Court (whether statutory or inherent) invested in it under section 25 of the Tribunals, Courts and Enforcement Act 2007.