Norfolk Farm Produce Limited: [2025] UKUT 021 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 20 January 2025
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Judicial Summary
Goods Vehicles (Licensing of Operators) Act 1995; appellant바카라 사이트檚 operator바카라 사이트檚 licence was revoked by the Traffic Commissioner under section 27 by reason the appellant바카라 사이트檚 nominated transport managers not satisfying the statutory requirements. Held (by a majority): the Traffic Commissioner바카라 사이트檚 direction to revoke was wrong because there had been material procedural unfairness: the Traffic Commissioner knew that a transport manager nominated by the appellant had a forthcoming public inquiry at which his good repute was to be considered; the appellant did not know this; the Traffic Commissioner did not tell the appellant this and also set the final 바카라 사이트榯ime limit바카라 사이트� (for expiration of the 바카라 사이트減eriod of grace바카라 사이트�) a few days before the transport manager바카라 사이트檚 pubic inquiry, making it inevitable that the Traffic Commissioner would have material information at the date of its decision (the outcome of the public inquiry) which had not been available to the appellant prior to the time limit; and the Traffic Commissioner then made its direction to revoke on the basis of the outcome of that pubic inquiry (being the disqualification of that transport manager). Revocation direction of the Traffic Commissioner set aside; no further order by the Upper Tribunal, as the Traffic Commissioner바카라 사이트檚 revocation direction had been 바카라 사이트渟tayed바카라 사이트� and, in the interim, the appellant appeared to have put forward an alternative transport manager who satisfied the statutory requirements.