(1) Central Haulage Limited, (2) Mrs Johanna Dunne, (3) Mr Gordon Dunne, and (4) Mr Aaron Harrison
| Jurisdiction | UK Non-devolved |
| Judge | Judge Caldwell |
| Neutral Citation | [2024] UKUT 22 (AAC) |
| Published date | 01 February 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
Neutral Citation No: [2024] UKUT 22 (AAC)
Appeals Nos. UA-2023-000628-T
and
UA-2023-000602-T
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
TRAFFIC COMMISSIONER APPEALS
ON APPEAL from the DECISION of the DEPUTY TRAFFIC COMMISSIONER
FOR THE SCOTTISH TRAFFIC AREA (Mr A R Seculer)
Dated: 24 April 2023
Before:
Marion Caldwell KC Judge of the Upper Tribunal
Mr David Rawsthorn Member of the Upper Tribunal
Mr Gary Roantree Member of the Upper Tribunal
Appellants: (1) Central Haulage Limited
(2) Mrs Johanna Dunne
(3) Mr Gordon Dunne, and
(4) Mr Aaron Harrison
Attendances:
For the 1st to 3rd Appellants Mr David Adams, Advocate
For the 4th Appellant Mr Neil R Kelly, Solicitor
For the Respondent Mr Neale Tosh, Advocate
Heard at: Employment Appeal Tribunal Building, 52 Melville Street,
Edinburgh EH3 7HF
[2024] UKUT 22 (AAC)
UA-2023-000628-T and UA-2023-000602-T
2
Date of Hearing: 12 December 2023
Date of Decision: 23 January 2024
DECISION OF THE UPPER TRIBUNAL
The appeals are dismissed. The orders made by the Deputy Traffic Commissioner
were originally to take effect from 31 May 2023 at 23.59 but subsequently the Deputy
Traffic Commissioner stayed the implementation of his orders pending our decision.
We now direct that they are to take effect from 23.59h on 26 February 2024.
Subject Matter
Representation, rules 7(2)(a) and 9(2) of the Tribunal Procedure (Upper Tribunal)
Rules, 2008; natural justice; fair proceedings; bias; fronting; loss of good repute of
operator, director, de facto director and transport manager; revocation; disqualification.
Cases referred to:
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418
NT/2013/82 Arnold Transport & Sons Ltd v DOENI
Bradley Fold Travel Ltd & Peter Wright –v- Secretary of State for Transport [2010]
EWCA Civ. 695
Brogan v O’Rourke Ltd 2005 SLT 29
Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al Refai
[2014] EWHC 1055 (Comm)
2003/094 Dawlish Coaches Ltd
Denton v White [2014] EWCA Civ 906
NT/2013/52 & 53 Fergal Hughes v DOENI & Perry McKee Homes Ltd v DOENI
Gerovska Popčevska v Macedonia (2018) 66 EHRR 12
HCA International Ltd v Competition and Markets Authority [2015] 1 WLR 4341
Helow v. Secretary of State for the Home Department 2009 SC (HL) 1
Hughes v HMA 2023 JC 40
In re B [2008] 35
[2024] UKUT 22 (AAC)
UA-2023-000628-T and UA-2023-000602-T
3
Johnson v Johnson (2000) 201 CLR 488 at para 53)
Joseph Formby t/a G&G Transport [2012] UKUT 239 (AAC)
JSC BTA Bank v Ablyazov (No 9) [2013] 1 WLR 1845
Lil ian a Manole [2022] UKUT 002277(AAC)
Luminar Lava Ignite Ltd v Mama Group plc 2010 SC 310
Melvin Murray t/a Melvin Murray Transport [2015] UKUT 0441 (AAC)
Mitchell v News Group Newspapers 2005 SLT 29
P Elsagood Transport Service Ltd, Appellant [2019] UKUT 0117 (AAC)
Porter v Magill [2002] 2 AC 357
R v A (Harold) [1999] Crim LR 420
R (Al-Le Logistics Ltd) v Traffic Commissioner for South Eastern & Metropolitan Traffic
Area [2010] EWHC 134 (Admin)
R (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 16633
Re H & Ors (Minors) [1996] AC 563
Secretary of State for the Home Department v. Rehman [2003] 1AC 153
SN v Secretary of State for the Home Department [2015] UKUT 00227 (IAC)
Introduction
1. This is an appeal from the decision of the Deputy Traffic Commissioner (“DTC”)
for the Scottish Traffic Area given on 24 April 2023. The decision of the DTC is
summarised as follows:
(i) On a loss of good repute of the operator company, as required under
section 13A of the Act, the operator’s licence is revoked under section
27(1)(a) of the Act with effect from 31st May 2023 at 23.59.
(ii) The application to increase authorisation of vehicles on the licence must
fail as a result.
(iii) I consider it appropriate and proportionate to disqualify the operator
company, the named director, Johanna Dunne, and the de facto director,
Gordon Dunne, for a period of 12 months from holding or obtaining an
operator’s licence under section 28 of the Act, with effect from 31st May
2023 at 23.59.
(iv) On a loss of good repute, as transport manager, Aaron Harrison is
disqualified for a period of 12 months, with effect from 31st May 2023,
under paragraph 16 (2) of schedule 3 of the Act.
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