Anderson Remounts Limited

An appeal should be allowed where the decision under challenge contains material errors affecting the determination of an operator’s licence. In that event, the appropriate remedy may be to remit the matter for redetermination on all issues, rather than preserve the defective decision.

The Deputy Traffic Commissioner for the North East of England revoked the appellant’s operator’s licence and disqualified its director from holding or obtaining an operator’s licence for two years.

The Deputy Traffic Commissioner accepted that material errors had been made and invited the Upper Tribunal to set aside the decision and remit the matter for rehearing. The appeal was determined on the papers. The central issue was the appropriate appellate response to the acknowledged errors.

1. The appeal was allowed. The Tribunal accepted that material errors were present in the Deputy Traffic Commissioner’s decision concerning the appellant’s operator’s licence and the director’s disqualification.
2. The Deputy Traffic Commissioner had accepted that errors had been made and had invited the Tribunal to set aside the decision and remit the matter for rehearing.
3. Given that acceptance, the Tribunal was satisfied that the appropriate course was to allow the appeal and remit the matter for redetermination on all issues.
4. The decision under appeal was therefore not maintained, and the issues relating to good repute, financial standing and professional competence were left for redetermination.

• Upper Tribunal (Administrative Appeals Chamber): appeal allowed and matter remitted for redetermination on all issues.
• Deputy Traffic Commissioner for the North East of England: decision dated 1 September 2023 revoked the operator’s licence and disqualified the appellant’s director for two years.