Caselaw Digest
Caselaw Digest

Gwendoline Joyce Greenwood and David Greenwood (in partnership)

13 September 2023
[2023] UKUT 229 (AAC)
Upper Tribunal
A family applied for a trucking license but didn't submit the right paperwork on time. Even though they had good reasons for the delay, the judge said the refusal of their application was fair.

Key Facts

  • Mrs. Gwendoline Joyce Greenwood and Mr. David Greenwood (in partnership) applied for a standard operator's licence.
  • The application was refused by the Traffic Commissioner (TC) due to insufficient financial information.
  • The provided bank statements were for a dissolved previous partnership, failing to meet the requirements of s13D (sufficient financial resources).
  • The applicants live on a hill farm and needed the license primarily for transporting animals.
  • The applicants missed the deadline to submit the correct financial information, partly due to the postal strike and difficulties accessing banking services.
  • The appeal argued that the refusal was due to incorrect bank details initially submitted, and the delay was caused by factors beyond their control.

Legal Principles

The TC must refuse a licence application if requirements under s13(1) are not met (s13(5)).

Goods Vehicles (Licensing of Operators) Act 1995

On licence applications, the TC must consider whether s13D (sufficient financial resources) is satisfied (s13(1)(b), s13(2)(b)).

Goods Vehicles (Licensing of Operators) Act 1995

s13A(2)(c) (financial standing) is relevant to licence application decisions.

Goods Vehicles (Licensing of Operators) Act 1995

The Upper Tribunal's task is to determine whether the TC's decision was objectively wrong; it cannot consider circumstances not existing at the time of the determination.

Bradley Fold Travel & anor v Secretary of State for Transport [2010] EWCA Civ 695

The TC could have used Regulation 31(3) and 31(4) of the Goods Vehicles (Licensing of Operators) Regulations 1995 to suspend the old licence and treat the new partnership as its holder.

Ian Phillips (trading as T and R Phillips Haulage) [2016] UKUT 156 (AAC)

An applicant can appeal to the Upper Tribunal against a licence refusal (s37(1)).

Goods Vehicles (Licensing of Operators) Act 1995

Outcomes

The appeal was dismissed.

The appellants failed to provide the required financial information within the given timeframe. While their circumstances were unfortunate, the TC's decision was not plainly wrong.

Similar Cases

Caselaw Digest Caselaw Digest

UK Case Law Digest provides comprehensive summaries of the latest judgments from the United Kingdom's courts. Our mission is to make case law more accessible and understandable for legal professionals and the public.

Stay Updated

Subscribe to our newsletter for the latest case law updates and legal insights.

© 2025 UK Case Law Digest. All rights reserved.

Information provided without warranty. Not intended as legal advice.