Babrah Kufandirori and Excell Logistics Limited: [2024] UKUT 398 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 4 December 2024
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Judicial Summary
Goods Vehicles (Licensing of Operators) Act 1995 - revocation of licence under s27 and s26 and 12-month disqualification under s28 - licence holder found by Traffic Commissioner to have lost good repute - decisions made by Traffic Commissioner following public inquiry - decisions relied on contents of letters sent to Traffic Commissioner by former transport manager - contents were adverse to appellants, indicating lack of competence and lack of honesty - detailed contents of letters not disclosed to appellants prior to, or at, public inquiry - Traffic Commissioner relied on contents in making decisions - Held: it was procedurally unfair for contents of ex-transport manager’s letters not to have been disclosed to appellants prior to public inquiry - this was material error of law - appeal allowed - decisions of Traffic Commissioner set aside - matters remitted to a different Traffic Commissioner to rehear and determine.