Discussion and decision of the Upper Tribunal
Discussion and decision of the Upper Tribunal
We were reminded of the principles involved in determining the case before us. In short, the decision of the TC is taken to be correct unless the contrary is shown, by objective grounds, upon which the Upper Tribunal ought to conclude that a different view is the right one (Subesh & Ors v Secretary of State for the Home Department [2004] EWCA Civ 56, para 44). The TC had the considerable advantage of seeing, hearing and assessing the evidence before him, and that decision should not readily be overturned.
The Appellant accepted all the failings referred to by the TC, at the PI, in his written grounds of appeal and at the appeal hearing itself. His sole ground of appeal was whether the TC was plainly right to revoke his licence. The TC had done so for two reasons – due to a lack of financial standing and due to the Appellant, as transport manager, having lost his good repute and professional competence.
- Heading
- The appeal is DISMISSED
- The facts
- The Public Inquiry
- As to this matter
- The evidence at the Public Inquiry
- The decision of the Traffic Commissioner
- The appeal
- The appeal hearing
- The Law
- Discussion and decision of the Upper Tribunal
- Lack of financial standing
- Revocation due to transport manager’s loss of good repute and professional competence
- Conclusions
![[2024] UKUT 225 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)