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Upper Tribunal (Administrative Appeals Chamber) >>
Trans Euro Group Ltd and Kapur Nandra (Transport) [2019] UKUT 237 (AAC) (29 July 2019)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2019/237.html Cite as:
[2019] UKUT 237 (AAC)
Trans Euro Group Ltd and Kapur Nandra (Transport) [2019] UKUT 237 (AAC) (29 July 2019)
Failure to have transport manager in place; revocation and disqualification; whether representation at inquiry so incompetent as to render process and decision unfair; conduct of balancing exercise; whether significant misunderstanding of evidence; proportionality
CASES REFERRED TO: Ladd v. Marshall [1954] 1 WLR 1489
Thomas Muir (Haulage) Limited v. Secretary of State for the Environment, Transport and the Regions [1998] S.L.T. 666
2002/40 Thames Materials Limited
2002/217 Bryan Haulage
[2019] UKUT 237 (AAC)
2
T/2018/69
Limited (No. 2)
R. v Day [2003] EWCA Crim 1060
David Crompton Haulage v. Department of Transport [2003] EWCA Civ 64
R. (On the application of Aston) v. Nursing & Midwifery Council [2004] EWHC 2368
Muck It Limited v. Merritt [2005] EWCA Civ 1124
2009/225 Priority Freight Limited
T/2010/52 and 53, Taylor and Taylor, [2010] UKUT 397 (AAC)
Bradley Fold Travel Limited and Peter Wright v. Secretary of State for Transport [2010] EWCA Civ 695, [2011] RTR 13
T/2012/46 Shearer Transport Limited and James Shearer [2013] UKUT 489 (AAC)
T/2014/72 Nicholas t/a Wigan Container Services, [2015] UKUT 148 (AAC)
T/2015/36 W. Martin Oliver Partnership, [2016] UKUT 70 (AAC)
T/2015/39 Firstline International and William Lambie Limited, [2016] UKUT 291 (AAC)
T/2017/33 Paul Andrew Nimmo t/a P&N Travel, [2017] UKUT 479 (AAC) REASONS FOR DECISION Introduction 1. This is an appeal by two appellants (together "the Appellants"), Trans Euro Group Limited ("Trans Euro") and Mr. Kapur Nandra ("Mr. Nandra"), against the decision of the Deputy Traffic Commissioner for the Eastern Traffic Area ("the TC") given on 12th September 2018, following a public inquiry held on 10th August 2018. Mr. Nandra is the sole director of Trans Euro. By his decision the TC decided that:
(1) Trans Euro, the holder of licence OF1147792, lost its repute
(2) licence OF1147792 was revoked with effect from midnight on 28th September 2018
(3) Trans Euro and Mr. Nandra were disqualified from holding or obtaining a licence until midnight on 27th September 2020
(4) any licence associated by company or partnership with Trans Euro or Mr. Nandra was liable to revocation, suspension or curtailment until midnight on 27th September 2020.
2. The public inquiry was a conjoined hearing to which Mr. Simon Porte ("Mr. Porte") was also called. Mr. Porte was the nominated transport manager for Trans Euro. He also held as a sole trader his own operator's licence, OF1123766, and was his own transport manager. In relation to Mr. Porte the TC decided that:
(1) Mr. Porte lost his repute as transport manager but retained his repute as operator
(2) Mr. Porte was disqualified from holding a position as a transport manager from
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