Short Form Decisions - Upper Tribunal

Hi, The Upper Tribunal have granted me permission to appeal the FTT decision.

The Upper Tribunal has sent a consent for me to sign if I do not want a statement of "written reasons" for the UT's decision to grant permission. This would be in terms of rule 40(3)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008 and is stated as a means to speed up the appeals process.

The guidance the UT has sent me also states that if this consent form is not signed, then the decision to grant permission could potentially be changed. This would be because another Judge may have to prepare "written reasons" and could conclude a different opinion. However I am not sure if this would likely happen in this case but it is hard to determine without any detailed reason(s) for the permission decision.

The UT's determination of permission to appeal just states that an
"arguable error of law" has been identified and that the grounds of appeal are "worthy of consideration". Although the reasons for granting permission will not guarantee success for the actual appeal, I am thinking that they might be useful to inform my submissions/statement for a fresh appeal. The reasons could also have a bearing on the FTT panel of any fresh hearing.

Q. Should I sign the consent form to (apparently) speed up process or should I insist on "written reasons"?

Many thanks.

Gordon, thanks for that. My thinking is that there may be some overlap of reasons allowing "error of law" to the specifics of appeal. I have studied published "written reasons" for permission and they do at least touch on appeal specifics. These comments could then be useful if the matter goes before another FTT.

I was just checking if anybody had previous experience of this situation. By choice I would obtain the "written reasons" for decision as it can't hurt to see the Judge's comments. My only concern with that approach is the wording that states the permission decision could be changed if seek written reasons. There is also the probable further delay to await the written reasons and I don't desire to prolong the process unnecessarily.

Q.1 Without "written reasons" what would prevent another FTT making the same "error of law"?

Q.2 Also are you aware of how often/likely the UT would remake a decision itself as opposed to remitting to another FTT?