[2024] UKUT 425 (AAC)

Schedule 1(3)(b) to the Tribunal Procedure (Upper Tribunal) Rules 2018 requires the Traffic Commissioner, upon receipt of a notice of appeal against the Commissioner’s decision, to send to the Upper Tribunal “all documents produced to the [Commissioner] in connection with the decision”.

The OTC case file provided to the Upper Tribunal in this case, pursuant to Schedule 1(3)(b), consisted of three documents (eight pages). These were the Proposal to Revoke letter dated 3 June 2024, Mr Francis’ email of 27 June 2024 and the revocation decision letter dated 2 July 2024. The OTC case file contained no documentation about previous regulatory interventions or concerns, and we therefore proceed on the basis that this operator had a fully compliant regulatory history. If the operator had previously been a cause for regulatory concern, we are sure that documentation about those concerns would have been put before the Traffic Commissioner.