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England and Wales decisions
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The Tribunal allowed an ADI appeal and set aside removal from the register, finding no proved knowledge or recklessness and no proportionate basis for removal.
The Upper Tribunal dismissed a transport manager’s appeal, holding that findings of poor maintenance control and loss of good repute were justified and proportionate.
Ms Goodband was a trustee at all material times and was responsible for, knew of, or contributed to misconduct or mismanagement in the charity, including reckless management of conflicts of interest and excessive remuneration. She was found unfit to be a charity trustee due to recklessness and lack of objectivity, though not dishonesty. A disqualification order is necessary in the public interest, but a seven-year period is proportionate given the circumstances.
Source excerpt
The Upper Tribunal allowed Bell Transport’s appeal and allowed Robert Bell’s appeal in part, setting aside the good-repute finding but upholding revocation of his sole trader licence.
Coach Hire Surrey Ltd & Anor v Traffic Commissioner for the London and South East Traffic Area [2020] EWCA Civ 1706 (17 December 2020)
The Court of Appeal dismissed a challenge to a 10-year PSV operator disqualification, holding the traffic commissioner had not erred in principle or law.
The Court of Appeal upheld a 10-year PSV operator disqualification, finding no error in the Traffic Commissioner’s regulatory judgment or proportionality assessment.
The Tribunal upheld Dr Naik’s charity trustee disqualification in principle, but reduced the period from 15 years to seven and a half years.
The High Court upheld Ofcom’s findings that RT breached due impartiality rules and held the regime compatible with Article 10, while allowing review of the sanction’s proportionality.
Appeal allowed against removal from the Approved Driving Instructors Register after a mobile phone motoring offence. The tribunal found exceptional circumstances and held removal would be disproportionate.
The Court of Appeal upheld revocation of a PSV operator’s licence after finding covert filming and distribution of a traffic commissioner video was relevant to good repute.
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