Ocean King Ltd
[2024] UKUT 365 (AAC)
KLC Transport Ltd v Head of the Transport Regulation Unit
10 July 2023
[2023] UKUT 158 (AAC)
Upper Tribunal
A trucking company's license was revoked because they didn't respond to a letter. They said they never got the letter, and the judge believed them. The judge sent the case back to be looked at again, suggesting a hearing to sort things out.
Key Facts
- •KLC Transport Ltd's operator's licence was revoked by the Head of the Transport Regulation Unit (TRU).
- •The revocation was based on six Most Serious Infringements (MSIs) and an unsatisfactory compliance audit.
- •KLC Transport Ltd claimed they did not receive the September 26, 2022 letter proposing revocation.
- •The company provided evidence of corrective actions taken after receiving the December 13, 2022 revocation letter.
- •A second Louise Murphy, involved in the transport industry, may have caused confusion in correspondence.
Legal Principles
Operator's licences are subject to ongoing obligations; revocation is possible at any time for reasonable cause.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Operator licensing is based on trust and compliance with regulations.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Appeals to the Upper Tribunal review the material before the TRU; the appellant must show the decision is wrong.
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI; Bradley Fold Travel Ltd & Peter Wright v Secretary of State for Transport [2010] EWCA Civ. 695
Outcomes
Appeal allowed.
The proposal to revoke letter was not received by the appellant; procedural irregularity affected fairness.
Case remitted to the Department for reconsideration.
A public inquiry is recommended.