ADA Haulage Ltd
[2023] UKUT 43 (AAC)
Ocean King Ltd
14 November 2024
[2024] UKUT 365 (AAC)
Upper Tribunal
A company's trucking license was wrongly taken away because the company didn't get the notice. The court said this was a mistake and gave the license back. The authorities can still try again if they want, but they have to make sure to properly notify the company.
Key Facts
- •Ocean King Ltd's operator's licence was revoked on May 2, 2024, by a Deputy Traffic Commissioner.
- •The revocation was based on grounds under section 26 of the Goods Vehicles (Licensing of Operators) Act 1995.
- •The revocation letter was not received by Ocean King Ltd due to non-delivery despite multiple attempts and an out-of-office email message.
- •The Deputy Traffic Commissioner granted a stay pending appeal and invited the Upper Tribunal to remit the matter for redetermination.
- •The Upper Tribunal initially dismissed the appeal due to an administrative error, but later set aside that decision.
Legal Principles
Failure to consider relevant evidence constitutes an error of law.
Goods Vehicles (Licensing of Operators) Act 1995, Section 26 (statutory grounds for revocation); Section 29(2) (stay of decision); Section 36 (review of decision); Section 37(2) (authorisation of decision)
The Upper Tribunal can set aside a decision due to procedural irregularities under Rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008.
Tribunal Procedure (Upper Tribunal) Rules 2008, Rule 43
Outcomes
The Upper Tribunal allowed the appeal.
The Deputy Traffic Commissioner's decision to revoke the licence involved an error of law due to the failure to consider relevant evidence (non-delivery of the revocation letter).
The Commissioner's decision to revoke the operator's licence was set aside.
The Commissioner failed to consider relevant evidence; the non-receipt of the revocation letter.