References: Times 13-Oct-2005, [2005] EWCA Civ 1124
Links: Bailii
Coram: Tuckey, Rix LJJ, Wilson J
Ratio: The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and not on the operator to demonstrate the contrary. This was clear from the Directive implemented by the Act. Even so that burden had in fact been discharged, and the decision stood, save as to the disqualification of the directors.
Statutes: Goods Vehicles (Licensing of Operators) Act 1995
Jurisdiction: England and Wales
This case cites:
- Cited – In the matter of Anglorom Trans (UK) Limited; Paramount Kitchens Ltd CA (Bailiil, [2004] EWCA Civ 998)
Laddie J, after citing the Bryan Haulage case, explained the need to consider separately the positions of operator and transport manager: ‘If a company breaches the rules set down by the Act, for example if it or its directors are convicted of a . . - Cited – Crompton T/A David Crompton Haulage v Department of Transport North Western Area CA (Times 07-Feb-03, Bailii, [2003] EWCA Civ 64, Times 07-Feb-03)
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a . . - Cited – Bryan Haulage Limited v Vehicle Inspectorate (No 1) TT ([TT 1 of 2002])
The tribunal set out the correct approach to findings involving revocation of an operator’s licence (or disqualification): ‘However, in order to take action under s. 26 or to make a finding of loss of good repute under s. 27 or make an order of . . - Cited – A M Richardson t/a D J Travel Consultants v Department of the Environment, Transport and the Regions TT (Unreported, 11 May 2001, Appeal 65/2000)
The burden of proof for the purpose of a section 27 revocation issue is on the licence holder to prove its continuing good repute. . . - Cited – Bryan Haulage Ltd v Vehicle Inspectorate (No2) [Appeal 217/2002] TT ([Appeal 217/2002])
(date?) ‘In applying the Crompton case it seems to us that the traffic commissioners and the Tribunal have to reconsider their approach. In cases involving mandatory revocation it has been common for findings to have been made along the lines of ‘I . . - Cited – Gudmundsson v Iceland ECHR (23285/94, (1996) 21 EHRR CD 89)
A revocation of a licence is not a deprivation of property, but rather a control of its use within the second paragraph of article 1 under a proportionate and Convention compliant scheme . . - Cited – Marcic v Thames Water Utilities Limited HL (House of Lords, [2003] UKHL 66, Bailii, Times 05-Dec-03, Gazette 29-Jan-04, [2004] 2 AC 42, [2003] 50 EGCS 95, [2003] 3 WLR 1603, [2004] 1 All ER 135, [2003] NPC 150, 91 Con LR 1, [2004] BLR 1, [2004] UKHRR 253, [2004] Env LR 25, [2004] HRLR 10)
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
(This list may be incomplete)
Last Update: 01 December 2018
Ref: 230032
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