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Hendersons - Barristers' Chambers
News Local Government & Public Law 17th Dec 2020

Court of Appeal hands down disqualification guidance in Traffic Commissioner appeal

The Court of Appeal has today handed down a judgment in a Traffic Commissioner appeal from the Upper Tribunal.  The Court confirms the application of the Senior Traffic Commissioner’s Guidance as to when a regulated operator (of either goods vehicles or public service vehicles) ought to be disqualified (and for how long).  The Court confirmed that the jurisdiction is disciplinary and not penal.  Adam Heppinstall appeared for the Secretary of State for Transport.  The judgment is here.

He also appeared for the Crown Prosecution Service in its successful FOIA appeal against the Information Commissioner’s Order for the CPS to disclose privileged advice relating to the immunity of HM The Queen in legal proceedings, in connection with the discontinuation of the prosecution of Paul Burrell (Butler to Diana, Princess of Wales) in 2002.  The judgment is here. Permission to appeal to the Upper Tribunal has been sought.

In the case of  R (Stillmans (Somerset) Ltd and Penny & Sons) v Food Standards Agency [2020] EWHC 703 (Admin) (in which Adam successfully represented the FSA)  – the Court of Appeal has refused permission to appeal bringing that claim to an end.

Adam, alongside Sophie Lamb QC of Latham & Watkins, is representing Total (interested parties)  in a judicial review against the UK Government’s decision to provide export credit support to one of the largest direct foreign investments into Africa, a LNG project in Mozambique.

Alongside his group action and product liability practice (and in addition to his work in Chambers’ other areas of practice) Adam provides public law, regulatory, FOIA and GDPR advice to a range of public and private sector clients. Adam’s profile is available here.

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