Slemish Group Ltd v Head of the Transport Regulation Unit
[2023] UKUT 29 (AAC)
SCA Haulage Ltd v Head of the Transport Regulation Unit
6 July 2023
[2023] UKUT 159 (AAC)
Upper Tribunal
A company's trucking license was revoked because they were late submitting paperwork. They appealed and won because the person who revoked the license didn't even look at the paperwork when they finally got it, even though it showed they were financially okay. The decision will be reviewed.
Key Facts
- •SCA Haulage Ltd's operator's licence was revoked by the Head of the Transport Regulation Unit (TRU).
- •The revocation was due to late submission of evidence requested in call-up letters.
- •SCA Haulage Ltd appealed, arguing procedural irregularity.
- •The appeal focused on the TRU's failure to consider evidence submitted before the decision.
- •The evidence included bank statements showing a healthy balance, addressing concerns about financial standing.
Legal Principles
Operator's licences require continuous compliance with regulations; revocation can occur at any time for reasonable cause.
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Appeals to the Upper Tribunal review the material before the TRU, not a full retrial. 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 Head of the TRU's failure to consider submitted evidence was a procedural irregularity, making the decision plainly wrong.
Case remitted to the Department for reconsideration.
A further Public Inquiry is recommended before a different decision-maker to consider the additional evidence.