I attended at a tribunal recently where the Chairman made reference to the existence of a Northern Ireland Court of Appeal decision which runs counter to the principle in R(M) 1/96 that, whilst previous entitlement is not binding upon the decision of a tribunal, serious justification should be made where an award is reduced where the appellant has not indicated an improvement since their prior award.

Does anyone know of this decision - obviously it is only persuasive in EW & S but I'd like to have a look anyway given how useful R(M) 1/96 has been. Thanks.