West Midlands Machinery Services Ltd

JurisdictionUK Non-devolved
JudgeJudge Hemingway
Neutral Citation[2021] UKUT 267 (AAC)
Subject MatterHemingway,M
CourtUpper Tribunal (Administrative Appeals Chamber)
Published date03 November 2021
1
T 2021 45
NCN: [2021] UKUT 0267 (AAC)
IN THE UPPER TRIBUNAL Appeal No. T/2021/45
ADMINISTRATIVE APPEALS CHAMBER
(TRAFFIC COMMISSIONER APPEALS)
ON APPEAL from the DECISION of the TRAFFIC COMMISSIONER
Before: M Hemingway: Judge of the Upper Tribunal
D Rawsthorn: Member of the Upper Tribunal
S James: Member of the Upper Tribunal
Appellant: West Midlands Machinery Services Ltd
Reference: OD2041532
Date of Hearing: 15 October 2021 (at Birmingham)
Representation:
For the appellant: Mr James Backhouse (Solicitor)
DECISION OF THE UPPER TRIBUNAL
This appeal to the Upper Tribunal is allowed. The case is remitted for a full reconsideration to
be undertaken by a different Traffic Commissioner to the one who made the decision of 9 June
2021. The reconsideration shall be undertaken by way of the holding of a public inquiry unless
the Office of the Traffic Commissioner is informed by or on behalf of the Operator that one is
not wanted and the Traffic Commissioner considers, in light of such an indication, that he/she
is able to fairly determine matters without one.
CASES REFERRED TO
Bradley Fold Travel Ltd & Anor v Secretary of State for Transport [2010] EWCA Civ 695.
Balwant Singh Uppal [2014] UKUT 53 (AAC)

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