Chris Dodd & Anor Trading as Seaside Shuttlebus

Where an appeal record is materially incomplete and important documents are missing, the Upper Tribunal may allow the appeal and remit the matter for redetermination on all issues. This is appropriate where the missing documentation prevents reliable consideration of the decision under appeal and the lower decision-maker has reviewed the file, stayed the operative order and invited remittal.

The appellants, trading as Seaside Shuttlebus, appealed against the decision of the Traffic Commissioner for the South Eastern & Metropolitan Traffic Area, made by delegated authority on 3 September 2021, revoking their licence on financial-standing grounds.

The appeal bundle was missing important documents. After the Tribunal requested the missing material, the Traffic Commissioner reviewed the file and granted an immediate stay of the revocation order. The Commissioner invited the Tribunal to allow the appeal and remit the matter for redetermination. The central issue was the appropriate procedural response to the incomplete appeal record.

1. The appeal was allowed.
2. The appeal bundle lacked important documents. The omission came to light during preparation for the appeal and led the Traffic Commissioner to review the underlying file and the bundle.
3. In consequence, the Traffic Commissioner granted an immediate stay of the revocation order and invited the Upper Tribunal to allow the appeal and remit the matter for redetermination on a number of issues.
4. The Tribunal accepted that invitation. It was satisfied that, in the circumstances, the appropriate course was to allow the appeal and remit the matter for redetermination on all issues.
5. The matter was remitted to the Traffic Commissioner for redetermination on all issues.

• Upper Tribunal (Administrative Appeals Chamber): appeal allowed and matter remitted for redetermination on all issues.
• Traffic Commissioner for the South East & Metropolitan Traffic Area: decision dated 3 September 2021 revoked the appellants’ licence.