it concludes that the process of reasoning, and the application of the relevant law, require it to adopt a different view. The burden which an Appellant assumes is to show that the case falls within this latter category
.” 20.In order to succeed, the Appellant must show not merely that there are grounds for preferring a different view but that there are objective grounds upon which the Tribunal ought to conclude that the different view is the right one. Put another way it is not enough that the Tribunal might prefer a different view; the Appellant must show that the process of reasoning and the application of the relevant law require the Tribunal to adopt a different view.21.The Appellant therefore ‘assumes the burden’ of showing that the decision appealed against is ‘plainly wrong’ or at least ‘wrong’.22.The Tribunal is not required to rehear all the evidence by conducting what would, in effect, be a new first instance hearing. Instead it has the duty to hear and determine matters of both fact and law on the basis of the material before the Traffic Commissioner but without having the benefit of seeing and hearing the witnesses.23.That is the approach which we have followed in deciding this appeal.
- DECISION OF THE UPPER TRIBUNAL
- Subject matter
- The Appeal
- The TC’s decision
- The Grounds of Appeal
- The Hearing and the Appellants’ submissions
- The Law
- Muck It Ltd and Others v. Secretary of State for Transport
- Emphasis Added
- In our view before answering the ‘Bryan Haulage question’ it will often be helpful to pose a preliminary question, namely: how likely is it that this operator will, in future, operate in compliance with the operator’s licensing regime
- An Appellant, if he is to succeed, must persuade the appeal court or tribunal not merely that a different view of the facts from that taken below is reasonable and possible, but that there are objective grounds upon which the court ought to conclude that a different view is the right one
- it concludes that the process of reasoning, and the application of the relevant law, require it to adopt a different view. The burden which an Appellant assumes is to show that the case falls within this latter category
- Discussion and analysis
- Remedy
- Judge Rupert Jones