Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
Rule 35(1) of the 2008 Rules provides a general rule that “each party is entitled to attend a hearing” before the Upper Tribunal. Rule 36(1) provides that each person entitled to attend a hearing must be given reasonable notice of its time and place, and rule 36(2) provides that, generally, that period must be at least 14 days.
Rule 38 of the 2008 Rules provides as follows:
“If a party fails to attend a hearing, the Upper Tribunal may proceed with the hearing if the Upper Tribunal—
(a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
(b) considers that it is in the interests of justice to proceed with the hearing.”
- Heading
- This appeal is DISMISSED. The Traffic Commissioner’s decisions of 1 March 2024 (ref. OK2024813) involved neither error of law nor mistake of fact. Under section 37(2) and (4) of the Goods Vehicles (Li
- Events preceding the Traffic Commissioner’s decisions
- refused the operator’s application to surrender his operating licence
- the Appellant “has ignored the Public Inquiry process”
- Legislative framework
- an undertaking recorded in the licence has not been fulfilled ( section 26(1) (f))
- ‘Surrender’ of operator’s licences
- Rights of appeal
- Tribunal Procedure (Upper Tribunal) Rules 2008 (“the 2008 Rules”)
- Grounds of appeal
- the Appellant did not produce financial evidence because it was not requested until after his business had closed
- Proceedings before the Upper Tribunal
- Conclusions
- the Appellant gave no reason for failing to attend the hearing on 14 January 2025
- Challenging a Traffic Commissioner’s refusal to accept a surrender request: matters of principle
- Did the Traffic Commissioner lawfully refuse the Appellant’s request to surrender his operator’s licence?
- Why the Appellant’s grounds of appeal are not made out
- this is an assertion unsupported by evidence. The argument is not made out
- this argument is dealt with in paragraphs (2) and (4) above
- this argument is effectively dealt with in paragraph (2) above it was not for the Appellant to give himself permission to ignore the Traffic Commissioner’s legitimate request for information
- Conclusions
![[2025] UKUT 073 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)