It’s essentially a judge saying “I realise I have screwed up and will be taken apart at UT so…”.
Absolutely allowed to do this because of the over-riding principles described at the start of the Tribunal Procedure rules.
If a judge believes they have erred in law; sees that it will be over-turned at UT and thinks considerable time for all concerned will be saved by setting aside then the procedure rules trump all as that’s obviously the fair and just thing to do.
How much effort do you want to put into a challenge when you’re effectively getting a second bite of the cherry further down the line anyway? If your case is a winner then it will win the second time around too.
