12.38 Can you argue before the UT a point which was not in issue before the ETW?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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Yes
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Complex
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).
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Comment