Jones (t/a Shamrock Coaches) v Department of Transport Welsh Traffic Office [2005] EWCA Civ 58 (18 January 2005)

Jones (t/a Shamrock Coaches) v Department of Transport Welsh Traffic Office [2005] EWCA Civ 58 (18 January 2005)

The Transport Tribunal had the statutory power to remit the case for partial rehearing before the same Traffic Commissioner. There was no evidence of bias or fundamental flaw requiring recusal. The resumed hearing did not require public advertisement as it was a continuation of the original inquiry limited to specified issues.

Citation
[2005] EWCA Civ 58
Parties
Claimant/appellant: Alison Jones t/a Shamrock Coaches; Defendant/respondent: Department of Transport Welsh Traffic Office
Jurisdiction
England and Wales
Judgment Date
18 January 2005
Procedural Posture
Statutory Appeal (transport Tribunal) / Appeal to Court of Appeal (civil Division) From Transport Tribunal
Outcome
Appeal dismissed
Legal Topics
Remittal of Cases, Jurisdiction of Transport Tribunal, Public Service Vehicle Operator's Licence, Fair Hearing Under Article 6 ECHR
Administrative Law Transport Law Remittal of Cases Jurisdiction of Transport Tribunal Public Service Vehicle Operator's Licence Fair Hearing Under Article 6 ECHR

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Parties

Alison Jones t/a Shamrock Coaches

Claimant/appellant

Department of Transport Welsh Traffic Office

Defendant/respondent

Procedural Posture

Statutory Appeal (transport Tribunal) / Appeal to Court of Appeal (civil Division) From Transport Tribunal

Legal Issues

  1. 1 Whether the Transport Tribunal had power to remit the case for partial rehearing
  2. 2 Whether the rehearing should have been conducted by a different Traffic Commissioner
  3. 3 Whether the second hearing required public advertisement under section 54 of the 1981 Act

Ratio Decidendi

The Transport Tribunal had the statutory power to remit the case for partial rehearing before the same Traffic Commissioner. There was no evidence of bias or fundamental flaw requiring recusal. The resumed hearing did not require public advertisement as it was a continuation of the original inquiry limited to specified issues.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.