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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ribble Motor Services Ltd v Traffic Commission For North West Traffic Area [2001] EWCA Civ 172 (6 February 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/172.html
Cite as: [2001] EWCA Civ 172
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE TRANSPORT TRIBUNAL
Strand London WC2A 2LL Tuesday 6 February 2001 |
||
B e f o r e :
(LORD PHILLIPS)
LORD JUSTICE SIMON BROWN
LORD JUSTICE LONGMORE
____________________
| RIBBLE MOTOR SERVICES LIMITED | ||
| Appellant | ||
| - v - | ||
| TRAFFIC COMMISSION FOR THE NORTH WEST TRAFFIC AREA | ||
| Respondent |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
Official Shorthand Writers to the Court)
appeared on behalf of the Appellant
MISS ELEANOR GRAY (Instructed by The Treasury Solicitor, London, SW1H 9JS) appeared on behalf of the Respondent.
____________________
Crown Copyright ©
- LORD PHILLIPS, MR: There is before the court an application to adduce by way of fresh evidence a body of research that has been carried out since the decisions that the Appellants seek to attack in order to demonstrate that those decisions were perverse.
- In my judgment, this application is misconceived. The evidence is plainly not admissible for that purpose. The issue the court has to decide is whether the decision reached was, or was not, a lawful decision having regard to the material available to the decision maker or makers (because there are two decisions involved) at the time. This court must address that issue on such evidence as was then available, not in the light of evidence of fact which has since been obtained.
- I would dismiss this application.
- LORD JUSTICE SIMON BROWN: I agree.
- LORD JUSTICE LONGMORE: I agree.