MH v Secretary of State for Defence
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wright |
| Neutral Citation | [2024] UKUT 241 (AAC) |
| Published date | 05 September 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
1
IN THE UPPER TRIBUNAL UT refs: UA-2023-001353-WP
ADMINISTRATIVE APPEALS CHAMBER UA-2023-001356-WP
[2024] UKUT 241 (AAC)
On appeal from First-tier Tribunal (War Pensions and Armed Forces Compensation
Chamber)
Between: MH Appellant
- v –
The Secretary of State for Defence Respondent
Before: Upper Tribunal Judge Wright
Decision date: 7 August 2024
Decided on consideration of the papers
DECISION
The decision of the Upper Tribunal is to allow both appeals. The decisions of the
First-tier Tribunal made on 2 March 2023 under references ASS/241/2022 and
SD/69/2021 both involved an error on a material point of law and are set aside.
The Upper Tribunal is not able to re-decide the appeals. It therefore refers the two
appeals to be redecided afresh by a completely differently constituted First-tier
Tribunal, at an oral hearing.
This decision is made under section 12(1), 12 (2)(a) and 12(2)(b)(i) of the Tribunals
Courts and Enforcement Act 2007
REASONS FOR DECISION
Introduction
1. This is an appeal against two decisions of the First-tier Tribunal made in a
combined decision dated 2 March 2023 (“the FTT”). It is convenient to take each
decision of the FTT separately.
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