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IN THE UPPER TRIBUNAL Appeal No. UA-2024-000189-T
ADMINISTRATIVE APPEALS CHAMBER
(TRAFFIC COMMISSIONER APPEALS) [2024] UKUT 398 (AAC)
ON APPEAL from A DECISION of the TRAFFIC COMMISSIONER for the West Midlands Traffic Area
Before: Zachary Citron: Judge of the Upper Tribunal
Kerry Pepperell: Member of the Upper Tribunal
Sarah Booth: Member of the Upper Tribunal
Appellants: MissBabrah Kufandirori and Excell Logistics Ltd
Representation
For the appellant: Connor Benn(agent)
Heard: at Birmingham Civil Justice Centre
On: 10 October 2024
Date of decision: 4 December 2024
DECISION OF THE UPPER TRIBUNAL
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- The appeal is allowed
- The TC’s written decision
- Jurisdiction of the Upper Tribunal
- The Upper Tribunal proceedings in this case
- The appellants’ grounds of appeal
- The procedural fairness issue
- Summary of Mr Saleh’s letters to OTC prior to the public inquiry
- Summary of the call up letter to Excell Logistics Ltd
- Public inquiry transcript
- Our analysis of the procedural unfairness argument
- First question: was Miss Kufandirori fairly made aware of the contents of Mr Saleh’s letters to OTC prior to the public inquiry?
- Second question: fairness of Miss Kufandirori not being made aware of the content of Mr Saleh’s letters to OTC prior to public inquiry
- Third question: did the unfairness make a material difference?
- Conclusion on procedural unfairness
- Conclusions