Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 22 (AAC)

Fecha: 23-Ene-2024

Section 1

The appeals are dismissed. The orders made by the Deputy Traffic Commissioner were originally to take effect from 31 May 2023 at 23.59 but subsequently the Deputy Traffic Commissioner stayed the implementation of his orders pending our decision. We now direct that they are to take effect from 23.59h on 6 March 2024.

Subject Matter

Representation, rules 7(2)(a) and 9(2) of the Tribunal Procedure (Upper Tribunal) Rules, 2008; natural justice; fair proceedings; bias; fronting; loss of good repute of operator, director, de facto director and transport manager; revocation; disqualification.

Cases referred to:

AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418 NT/2013/82 Arnold Transport & Sons Ltd v DOENI

BradleyFold Travel Ltd & Peter Wright –v- Secretary of State for Transport [2010] EWCA Civ. 695

Brogan v O’Rourke Ltd 2005 SLT 29

Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al Refai [2014] EWHC 1055 (Comm)

2003/094 Dawlish Coaches Ltd

Denton v White [2014] EWCA Civ 906

NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI

Gerovska Popčevska v Macedonia (2018) 66 EHRR 12

HCA International Ltd v Competition and Markets Authority [2015] 1 WLR 4341

Helow v. Secretary of State for the Home Department 2009 SC (HL) 1

Hughes v HMA 2023 JC 40

In re B [2008] 35

Johnson v Johnson (2000) 201 CLR 488 at para 53)

Joseph Formby t/a G&G Transport [2012] UKUT 239 (AAC)

JSC BTA Bank v Ablyazov (No 9) [2013] 1 WLR 1845

LilianaManole [2022] UKUT 002277(AAC)

Luminar Lava Ignite Ltd v Mama Group plc 2010 SC 310

Melvin Murray t/a Melvin Murray Transport [2015] UKUT 0441 (AAC)

Mitchell v News Group Newspapers 2005 SLT 29

P Elsagood Transport Service Ltd, Appellant [2019] UKUT 0117 (AAC)

Porter v Magill [2002] 2 AC 357

R v A (Harold) [1999] Crim LR 420

R (Al-Le Logistics Ltd) v Traffic Commissioner for South Eastern & Metropolitan Traffic Area [2010] EWHC 134 (Admin)

R (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 16633

Re H & Ors (Minors) [1996] AC 563

Secretary of State for the Home Department v. Rehman [2003] 1AC 153

SN v Secretary of State for the Home Department [2015] UKUT 00227 (IAC)

Introduction

This is an appeal from the decision of the Deputy Traffic Commissioner (“DTC”) for the Scottish Traffic Area given on 24 April 2023. The decision of the DTC is summarised as follows:

(i)

On a loss of good repute of the operator company, as required under section 13A of the Act, the operator’s licence is revoked under section 27(1)(a) of the Act with effect from 31^st May 2023 at 23.59.

(ii)

The application to increase authorisation of vehicles on the licence must fail as a result.

(iii)

I consider it appropriate and proportionate to disqualify the operator company, the named director, Johanna Dunne, and the de facto director, Gordon Dunne, for a period of 12 months from holding or obtaining an operator’s licence under section 28 of the Act, with effect from 31^st May 2023 at 23.59.

(iv)

On a loss of good repute, as transport manager, Aaron Harrison is disqualified for a period of 12 months, with effect from 31st May 2023, under paragraph 16 (2) of schedule 3 of the Act.

The appeals were considered at an oral hearing at which the appellants were in attendance and legally represented, as noted above. There are two bundles of papers for this appeal. The bundle relating to the first three appellants comprises 2462 pages (“the CHL bundle”). The bundle for the 4^th appellant has 2349 pages. The latter bundle is referred to the “Master” bundle. Unless otherwise stated, any page numbers referred to will be in the Master bundle.