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Jurisdiction of the Upper Tribunal
Jurisdiction of the Upper Tribunal
The holder of an operator's licence may appeal to the Upper Tribunal against a revocation direction given under section 27(1), in respect of the licence: s37(2).
The Upper Tribunal has jurisdiction to hear and determine all matters whether of fact or law for the purpose of the exercise of its functions under an enactment relating to transport. It has the power to make such order as it thinks fit or, in a case where it considers it appropriate, to remit the matter to a TC for rehearing and determination.
The Upper Tribunal may not take into consideration any circumstances which did not exist at the time of the determination which is the subject of the appeal.
The task for the Upper Tribunal on an appeal is to conclude whether or not, on objective grounds, a different view from that taken by the TC is the right one or (meaning the same thing) whether reason and the law impel the Upper Tribunal to take a different view (Bradley Fold Travel and anor v Secretary of State for Transport [2010] EWCA Civ 695 at [40]).
- Heading
- The decision of the Upper Tribunal is to allow the appeal. We order that the direction of the Traffic Commissioner to revoke Norfolk Farm Produce Limited’s operator’s licence, conveyed in a letter of
- The revocation direction appealed against
- Jurisdiction of the Upper Tribunal
- The Upper Tribunal proceedings in this case
- Background about the appellant
- Events leading up to the TC’s direction to revoke
- Events subsequent to the TC’s direction to revoke
- The appellant’s case in brief
- Was the TC’s direction to revoke wrong?
- The decision of the majority of the panel
- Summary view of the minority of the panel
- Conclusions