![[2025] UKUT 062 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Appellants: (1) Mr Douglas Bain (in his capacity as the holder of an operator’s licence, trading as Bain’s Coaches, and in his capacity as a designated transport manager) References: PM0000657 (Bain’s Coaches); PM001603 (ABC (Methlick) Ltd)
Appellants: (1) Mr Douglas Bain (in his capacity as the holder of an operator’s licence, trading as Bain’s Coaches, and in his capacity as a designated transport manager).
ABC (Methlick) Ltd.
References: PM0000657 (Bain’s Coaches); PM001603 (ABC (Methlick) Ltd).
Date of Commissioner’s
decision: 6 August 2023.
Representation: For both Appellants, Mr B O’Leary (of counsel) instructed by Merkel Law LLP.
Heard at: Employment Appeal Tribunal, 52 Melville Street, Edinburgh on 15 February 2024.
This front sheet is for the convenience of the parties and does not form part of the decision
DECISION
- Heading
- Appellants: (1) Mr Douglas Bain (in his capacity as the holder of an operator’s licence, trading as Bain’s Coaches, and in his capacity as a designated transport manager) References: PM0000657 (Bain’s Coaches); PM001603 (ABC (Methlick) Ltd)
- This appeal is ALLOWED . The four decisions taken by the Traffic Commissioner for Scotland on 6 August 2023 are set aside (ref’s PM0000657 and PM001603) because they involved errors on points of law
- REASONS FOR DECISION
- Background
- 2019 public inquiry
- Events preceding the present public inquiry
- The public inquiry
- Traffic Commissioner’s reasons for her decisions
- Commissioner’s findings about Mr Bain
- Why the Commissioner revoked both operator’s licences
- Grounds of appeal, and arguments in support
- Ground 2 – flawed obstructive course of conduct finding
- Ground 3 – selective reliance on TE Jarvis’ evidence
- Ground 4 – failure to take into account material evidence
- Ground 5 – Traffic Commissioner’s weighing exercise
- Determination of appeal
- Grounds 2 to 5
- Conclusions