The TC failed to give adequate weight to the positives
The TC failed to give adequate weight to the positives
As Mr. Finnegan recognises, there is a degree of overlap here with the points made in relation to the previous ground of appeal. He advances the following additional considerations:
Neither the Company nor Mr. Dhillon had been called to a public inquiry previously. Paragraph 2 of the decision shows that the TC wrongly believed that a public inquiry had been held before licence OH2017026 was granted.
No reference was made to the fact that Mr. Dhillon held a certificate of professional competence as a transport manager and had recently undertaken a refresher course.
- Heading
- Section 1
- The facts
- The public inquiry
- The TC’s decision
- The initial grounds of appeal and the application for a stay
- The legal context
- 2013-07 that the Bryan Haulage and Priority Freight questions might appropriately be asked in relation to the revocation of a restricted licence. The Tribunal put the position as follows
- The Appellants’ submissions
- Failure to grant an adjournment
- The revocation decisions were disproportionate
- The TC failed to give adequate weight to the positives
- The disqualification decision was disproportionate
- Refusal of the application for licence OF2067675
- Points arising at the hearing
- Discussion
- Conclusions
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