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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 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 22 December 2023, be SET ASIDE.
Subject matter
Revocation of licences
Time limits for rectifying the situation (“periods of grace”)
Procedural fairness
Cases referred to
Bradley Fold Travel Ltd & anor v Secretary of State for Transport [2010] EWCA Civ 695
LWB Ltd [2011] UKUT 358 (AAC)
Egertons Recovery Group Ltd [2022] UKUT 141 (AAC)
Atbus Ltd [2019] UKUT 0032 (AAC)
R (Iran) v Secretary of State for Home Dept [2005] EWCA Civ 982
Autoworx Recovery Ltd[2024] UKUT 421 (AAC)
Ashro Shipping Ltd [2024] UKUT 425 (AAC)
REASONS FOR DECISION
In what follows, (unless the context otherwise indicates) references to “sections” (or “s”) or “Schedules” are to sections of, or schedules to, the Goods Vehicles (Licensing of Operators) Act 1995; and, to avoid having to say “he or she”, the Traffic Commissioner (the “TC”) will be referred to as “it”.
- 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