Crompton (t/a Crompton Haulage) v Department Of Transport North Western Traffic Area Leeds [2002] EWCA Civ 1444 (10 October 2002)

Crompton (t/a Crompton Haulage) v Department Of Transport North Western Traffic Area Leeds [2002] EWCA Civ 1444 (10 October 2002)

The seriousness of the applicant's conduct towards a witness and the Deputy Traffic Commissioner was sufficient to raise an arguable issue as to whether it justified a finding of lack of good repute under the statutory scheme, warranting permission to appeal.

Citation
[2002] EWCA Civ 1444
Parties
Appellant/applicant: David Crompton t/a Crompton Haulage; Respondent/respondent: Department of Transport North Western Traffic Area Leeds
Jurisdiction
England and Wales
Judgment Date
10 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal granted
Legal Topics
Operator's Licence Revocation, Good Repute Under Goods Vehicles Licensing of Operators Act 1995, Proportionality in Regulatory Sanctions
Administrative Law Transport Law Operator's Licence Revocation Good Repute Under Goods Vehicles Licensing of Operators Act 1995 Proportionality in Regulatory Sanctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

David Crompton t/a Crompton Haulage

Appellant/applicant

Department of Transport North Western Traffic Area Leeds

Respondent/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the applicant's conduct justified a finding of lack of good repute under section 27 of the Goods Vehicles Licensing of Operators Act 1995
  2. 2 Whether proportionality should be applied in determining loss of good repute and revocation of licence
  3. 3 Whether behaviour at the tribunal is relevant to statutory good repute

Ratio Decidendi

The seriousness of the applicant's conduct towards a witness and the Deputy Traffic Commissioner was sufficient to raise an arguable issue as to whether it justified a finding of lack of good repute under the statutory scheme, warranting permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • Application allowed
  • Appeal to be heard before three Lords Justices with a time estimate of half a day