Anti test case rule

I’m getting confused about this rule.  I’m taking a number of cases to the upper tribunal on the issue of communal gardening and the intitial signs lead me to expect a succesful result.  I’ve now discovered some cases on the same issue in the same area where an appeal has been lost (after the date of the decisions being appealled to the upper tribunal).  In these cases the time to request a statement of reasons has expired.

Are these cases caught by the anti test case rule?  If so what are the chances of getting a late statement of reasons?  I’v read CH 532 2006 but, perhaps because I’m not on the case today, was not enlightened.

The anti test case rule operates in look alike cases to prevent arrears of benefit being paid for a period prior to the date of the decision of an upper tribunal or court in the test case. The operative entitlement decisions in look alike cases (whether arising before or after the test case decision) can be opened up in the usual manner by way of either revision or supersession. 

An appeal against a decision arising before the test case decision (providing you are in time of course) against the entitlement decision in a look alike case avoids the operation of the anti test case rule.  Rule 5(3)(a) of the First Tier Tribunal Rules allows a late application for a statement of reasons.

Thanks- thats really helpful