President Lane denies tribunal operates on “unwritten rules”

The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision where credibility is in issue and whether a delay of three months makes the decision unsafe. The appellant’s hearing before the First-tier Tribunal was on 23 December 2014. For reasons that remain unclear (excess Christmas pudding perhaps?) the determination was not prepared until 23 April 2015. Due to an administrative error by the judge it was not promulgated until 5 June 2015. The appellant sought to argue that there was…

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