Source: All England Reporter
Publisher Citation: [2006] All ER (D) 180 (May)
Neutral Citation: [2006] EWHC 1049 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Keith J
Representation Graham Goodwill (instructed by Whatley & Co) for the claimant.
  The defendant was not represented.
Judgment Dates: 12 May 2006

Catchwords

Road traffic - Passenger vehicle - Passenger-carrying vehicle driver's licence - Holder of licence being made subject to community rehabilitation order - Revocation of licence by Traffic Commissioner - Appeal to magistrates' court - Justices dismissing appeal - Whether magistrates erring.

The Case

In the circumstances, the defendant justices' decision to refuse the claimant bus driver's appeal against the decision of the Traffic Commissioner to revoke his entitlement to hold a passenger-carrying vehicle driver's licence (PCV licence) was flawed as a result of the fact that they had taken into account an irrelevant consideration and they had failed to put a relevant consideration in its proper context. The decision of the magistrates' court would be quashed and the claimant's appeal would be remitted for determination by a differently constituted court.

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