(1) Abbey Coaches (Darwen) Ltd; (2) Rigby’s Executive Coaches Ltd: [2024] UKUT 16 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 15 January 2024.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 11 March 2024

• Categories: Transport - Traffic Commissioner and DoE (NI) Appeals
• Sub-categories: Transport - other, Transport - Traffic Commissioner and DoE (NI) Appeals - Financial Standing, Transport - Traffic Commissioner and DoE (NI) Appeals - Revocation, Suspension and Curtailment
• Judges: Jones, R
• Decision date: 15 January 2024

Read the full decision in UA-2023-001324-T.

Judicial Summary

Financial standing – whether the Senior Traffic Commissioner’s guidance is consistent with Article 7 of the relevant EU Regulation 1071/2009; Procedural fairness; Revocation of Operators’ Licences.

The appeal is allowed. The decision to revoke the Appellants’ operating licences is quashed. The matter is remitted to a different Traffic Commissioner to rehear and determine after issuing a calling in letter and holding a reconvened Public Inquiry in accordance with the Tribunal’s directions.

Published 11 March 2024