IRENE STEWART MYLES v. THE SECRETARY OF STATE FOR TRANSPORT [2000] ScotSC 13 (9th May, 2000)

IRENE STEWART MYLES v. THE SECRETARY OF STATE FOR TRANSPORT [2000] ScotSC 13 (9th May, 2000)

The pursuer was suffering from a schizo-affective illness, a prescribed disability under the regulations, which rendered her unfit to hold a driving licence. The Secretary of State's decision to revoke the licence was reasonable, supported by unchallenged medical evidence, and not clearly wrong or unreasonable. The appeal must therefore be refused.

Citation
[2000] ScotSC 13
Parties
Pursuer: Irene Stewart Myles; Defender: The Secretary of State for Transport
Jurisdiction
Scotland
Procedural Posture
Summary Application (appeal) / Judgment After Proof
Outcome
appeal refused
Legal Topics
Driving Licence Revocation, Fitness to Drive, Mental Disorder, Judicial Review of Administrative Action
Administrative Law Mental Health Law Road Traffic Law Driving Licence Revocation Fitness to Drive Mental Disorder Judicial Review of Administrative Action

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Irene Stewart Myles

Pursuer

The Secretary of State for Transport

Defender

Procedural Posture

Summary Application (appeal) / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer was suffering from a relevant disability (severe mental disorder) under the Road Traffic Act 1988 and associated regulations at the time of licence revocation
  2. 2 Whether the Secretary of State was entitled to revoke the driving licence based on the medical evidence and statutory criteria
  3. 3 Whether the decision to revoke was unreasonable or clearly wrong

Ratio Decidendi

The pursuer was suffering from a schizo-affective illness, a prescribed disability under the regulations, which rendered her unfit to hold a driving licence. The Secretary of State's decision to revoke the licence was reasonable, supported by unchallenged medical evidence, and not clearly wrong or unreasonable. The appeal must therefore be refused.

Court Disposition

appeal refused

Orders

  • Refusal to recall the decision to revoke the driving licence with effect from 13 December 1999
  • Defender found entitled to expenses of the summary application