“…“Wrong”, as Upper Tribunal Judge Cooke explained in Marshall v Waltham Forest LBC [2020] UKUT 35 (LC), [2020] 1 WLR 3187 at [61]–[62], means in this context that the appellate tribunal disagrees with the original decision despite having accorded it the deferenc…”
“…ecision must, in my judgment, be a contention that the decision under appeal was wrong in some sense. As Judge Cooke explained in Marshall v Waltham Forest LBC [2020] UKUT 35 (LC), [2020] 1 WLR 3187 at [61]:…”
“…Upper Tribunal Judge Cooke had to consider a comparable policy, adopted by Waltham Forest London Borough Council, in Marshall v Waltham Forest LBC [2020] UKUT 35 (LC), [2020] 1 WLR 3187, which involved appeals against penalties imposed under section 249A of the 2004 Act. Judge Cooke said in paragraph 54:…”