Leafy Designs Ltd
[2023] UKUT 111 (AAC)
Central Haulage Limited & Ors
23 January 2024
[2024] UKUT 22 (AAC)
Upper Tribunal
A trucking company's license was revoked because they cheated to get it, hiding the involvement of a banned driver. The company's directors and transport manager were also banned from the industry. A court appeal failed because there wasn't enough evidence of bias or unfairness in the original decision.
Key Facts
- •Central Haulage Ltd (CHL) obtained an operator's licence, with James Strathearn, a disqualified operator, secretly involved in its setup and operation.
- •The initial director, Hana Simpson, was found to be a 'front' for Strathearn and Gordon Dunne.
- •A public inquiry (PI) found evidence of deceit in obtaining the licence and the involvement of the directors (Johanna and Gordon Dunne) and transport manager (Aaron Harrison).
- •Appeals were lodged against the revocation of the operator's licence and disqualifications.
- •The Upper Tribunal considered allegations of bias against the Deputy Traffic Commissioner (DTC) and unfair procedures.
Legal Principles
Operator licensing is based on trust; operators must comply with the regulatory regime.
Joseph Formby t/a G&G Transport [2012] UKUT 239 (AAC), paragraph 17
The test for apparent bias is whether a fair-minded and informed observer would conclude there's a real possibility the decision-maker was biased.
Porter v Magill [2002] 2 AC 357, paragraph 103
The standard of proof in traffic commissioner appeals is the balance of probabilities.
STC's Statutory Document 10; Re D [2008] UKHL 33; Re B [2008] UKHL 35; Secretary of State For The Home Department v. Rehman [2001] UKHL 47
Transport Managers are the 'eyes and ears' of the Traffic Commissioner and have a duty to act with integrity.
Liliana Manole [2022] UKUT 002277(AAC)
Outcomes
Appeals dismissed.
The Upper Tribunal found no evidence of bias or unfair procedures. The evidence supported the DTC's findings of deceit and the involvement of all appellants.
Operator's licence revoked.
Loss of good repute due to deceit in obtaining the licence and the continued involvement of a disqualified operator.
All four appellants disqualified.
Involvement in the fronting operation and providing false evidence.
Secretary of State for Transport added as respondent.
Late application granted due to procedural issues within the Office of the Traffic Commissioner, and the potential wider implications of the case.