Catch 22

The Upper Tribunal has dismissed the appeal of a Public Service Vehicle Operator which had its licence revoked by a Deputy Traffic Commissioner following its Director being alleged to have harassed the Senior Traffic Commissioner.  Adam Heppinstall was led by First Treasury Counsel, James Eadie QC.  The case is a leading authority on the what matters can be taken into account when deciding whether an operator or director of an operator is of good repute.  The Upper Tribunal decided that a Traffic Commissioner must have regard to “all the relevant evidence” and that this may include evidence of conduct which is not unlawful.

A copy of the judgment is here. The Operator and Director may seek permission to appeal to the Court of Appeal.