Is it worth asking UT to substitute Tribunal’s decision on LCW?

UT judge has admitted my appeal on adverse LCW decision on grounds that Trib did not adequately deal with medical evidence supporting client’s case. SoS agrees and has asked for rehearing.

Is it worth my asking for the UT Judge to substitute the Trib’s decision rather than remit?

I was thinking difficult to ask judge to make findings of fact without appellant in front of him but then thought i’d just get an other opinion.

Thanks in advance.

It’s often worth asking but as first tier tribunals are the fact finding tribunals UTT’s will usually remit unless the evidence is sufficient to remake a decision which is almost immune from challenge.

I suspect that if the UT judge thinks the tribunal did not adequately deal with evidence in front of it because there may be enough facts/evidence to make a decision as it stands.

No point not trying for a UT decision instead of a remit.

Sometimes a remit is better- at least if you don’t like the facts fount by the new FtT then you have another chance at arguing there was an error of law (typically inadequate findings/explanation of how findings arrived at etc) in the UT. Whereas if the UT finds facts you don’t like you are going to have a really hard time trying to challenge that…..

UTT judge may want to give detailed directions to the new FTT, if the case is remitted, to avoid the same mistakes occurring again. However where the SoS agrees it’s quite likely to be a set aside by consent and remitted with nothing much else said.