ADMINISTRATIVE APPEALS CHAMBER
ON APPEAL FROM THE TRAFFIC COMMISSIONER FOR THE WALES TRAFFIC AREA
B e f o r e :
Ms Leanne Curle-Maddock - Member of the Upper Tribunal
Mr David Rawsthorn - Member of the Upper Tribunal
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Digaway Limited |
Appellant |
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For the Appellant: Daniel Jenkins (Director) for the Appellant Company
Date of hearing: 9 December 2024
Date of decision: 9 December 2024
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Crown Copyright ©
The appeal is dismissed.
Subject Matter
Revocation of a restricted operator's licence for change of circumstances.
Cases referred to
Subesh v Secretary of State for the Home Department [2004] EWCA Civ 56
Bradley Fold Travel Limited v Secretary of State for Transport [2010] EWCA Civ 695
Introduction
Relevant Legislation
Background
The Appeal
"…. The first instance decision is taken to be correct until the contrary is shown.… An appellant, if he is to succeed, must persuade the appeal court or tribunal not merely that a different view of the facts from that taken below is reasonable and possible, but that there are objective grounds upon which the court ought to conclude that a different view is the right one.… The true distinction is between the case where the appeal court might prefer a different view (perhaps on marginal grounds) and one where it concludes that the process of reasoning, and the application of the relevant law, require it to adopt a different view. The burden which an appellant assumes is to show that the case falls within this latter category."
Conclusion
The Rt Hon Sir Gary Hickinbottom
Judge of the Upper Tribunal
Authorised for issue on 9 December 2024