HGV Operator's Appeal Allowed at Upper Tribunal | Smith Bowyer Clarke

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HGV Operator’s Appeal Allowed at Upper Tribunal

This operator, represented by barrister Harry Bowyer at the Upper Tribunal, attended a Public Inquiry, represented by other solicitors. The Deputy Traffic Commissioner purported to find that the operator had lost his repute indefinitely as a Transport Manager but kept his repute, although tarnished, as an operator. The Upper Tribunal thought that this approach was questionable and doubted whether it was even feasible. In any event the Upper Tribunal considered that if the Deputy Traffic Commissioner wished to consider loss of repute they should have considered proportionality with reference to Bryan Haulage (No2) (2002/217) and Priority Freight (2009/225). The case was remitted for a fresh Public Inquiry before a different Traffic Commissioner.

Case Details

Case Name: HGV Operator’s Appeal Allowed at Upper Tribunal
Case Date: November 2017
Case Type (info): Appeal to Upper Tribunal

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