Heading

Appeals Nos. UA-2023-000628-T
and
UA-2023-000602-T
TRAFFIC COMMISSIONER APPEALS
ON APPEAL from the DECISION of the DEPUTY TRAFFIC COMMISSIONER FOR THE SCOTTISH TRAFFIC AREA (Mr A R Seculer)
Dated: 24 April 2023
Before:
Marion Caldwell KC Judge of the Upper Tribunal
Mr David Rawsthorn Member of the Upper Tribunal
Mr Gary Roantree Member of the Upper Tribunal
Appellants: (1) Central Haulage Limited
(2) Mrs Johanna Dunne
(3) Mr Gordon Dunne, and
(4) Mr Aaron Harrison
Attendances:
For the 1st to 3rd Appellants Mr David Adams, Advocate
For the 4th Appellant Mr Neil R Kelly, Solicitor
For the Respondent Mr Neale Tosh, Advocate
Heard at: Employment Appeal Tribunal Building, 52 Melville Street, Edinburgh EH3 7HF
Date of Hearing: 12 December 2023
DECISION OF THE UPPER TRIBUNAL
- 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
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