Allen Transport Ltd; Daniel Allen
| Jurisdiction | UK Non-devolved |
| Judge | Judge Mullan |
| Neutral Citation | [2019] UKUT 74 (AAC),[2019] UKUT 74 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Transport - Traffic Commissioner,DoE (NI) Appeals,Mullan,K |
| Date | 04 March 2019 |
| Published date | 03 March 2020 |
[2019] UKUT 0074 (AAC)
1
Appeal No. T/2018/27
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
TRAFFIC COMMISSIONER APPEALS
ON APPEAL from the DECISION of Joan Aitken TRAFFIC
COMMISSIONER for Scotland and DEPUTY TRAFFIC COMMISSIONER
for England and Wales
Dated 2 May 2018
Before:
Kenneth Mullan Judge of the Upper Tribunal
Mr S. James Member of the Upper Tribunal
Mr A. Guest Member of the Upper Tribunal
Appellant: Allen Transport Ltd; Daniel Allen
Attendances:
For the Appellant: Mr M Laprell instructed by DWF LLP
Heard at: George House Edinburgh
Date of hearing: 20 November 2018
Date of decision: 4 March 2019
DECISION OF THE UPPER TRIBUNAL
IT IS HEREBY ORDERED that the appeal be ALLOWED IN PART. Our
revised decision is set out in paragraph 55 below.
SUBJECT MATTER:- Out-of-area usage; admission of new grounds of
appeal and fresh evidence before Upper Tribunal;
proportionality of sanction
[2019] UKUT 0074 (AAC)
2
CASES REFERRED TO:- NT/2013/52 & 53 Fergal Hughes v DOENI & Perry
McKee Homes Ltd v DOENI; T/2015/36 W. Martin
Oliver Partnership; GIA/2481/2018; Bramley Ferry
Supplies Ltd v HMRC [2017] UKUT 214 (TCC);
T/2014/72 Ian Russell Nicholas t/a Wigan
Container Services v Secretary of State for
Transport; Cavendish Green Ltd v HMRC [2018]
UKUT 66 (TCC); T/2014/77 Leedale Ltd
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