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Conclusions
Decision
The decision of the DTC dated of 24 April 2023 is confirmed in all respects. The appeals of the first three appellants and the appeal of the 4th appellant are dismissed.
A stay has been granted in this case. The revocation of the operator’s licence, and the disqualifications of all four appellants will come into effect from 23.59h on 6 March 2024.
Authorised for issue Marion Caldwell KC
On 23 January 2024 Judge of the Upper Tribunal
and corrected on 13 February 2024
- Heading
- Section 1
- Legal Framework
- Background
- Grounds for 1 st to 3 rd appellants
- Grounds of appeal for the 4 th appellant
- Upper Tribunal Hearing
- Decision on the preliminary issue
- Appeal submissions on behalf of the 1 st to 3 rd appellants
- The response on behalf of the Secretary of State for Transport
- Ground 2 – status of James Strathearn
- Appeal Submissions for 4 th appellant
- Discussion and decision
- First ground of appeal for 1 st the 3 rd appellants--- apparent bias
- Second ground of appeal for 1 st to 3 rd appellants --- status of James Strathearn
- Discussion of 4 th appellant’s grounds of appeal
- Conclusions