Failure to consider other positive features
Failure to consider other positive features
In our view, the points made as to the absence of any previous enforcement action and the 2020 records examination go slightly further than the absence of compliance issues on the maintenance side, but not a great deal further. The MOT history, in contrast, is a particular example of the absence of such issues. We also accept that there is some positive element in Mr. Griggs’s acceptance of his wrongdoing and his co-operation with the police, although it is of limited value by comparison with the negative weight which a lack of co-operation would have had. We do not agree, however, that any slight addition to the positive side of the balance ought to have outweighed the substantial negative side.
- Heading
- CASES REFERRED TO: Bryan Haulage Limited (No. 2) 217/2002; Priority Freight Limited and Williams 2009/225; Bradley Fold Travel Limited and Peter Wright v. Secretary of State for Transport [2010] EWCA
- Introduction
- The facts
- The first hearing before the TC
- The second hearing before the TC
- The TC’s decision
- The appeal
- The applicable law
- Discussion
- Failure to consider other positive features
- The Priority Freight and Bryan Haulage questions
- Representations in respect of disqualification
- Decision not necessary and not proportionate
- Conclusions
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