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PostPosted: Tue Feb 17, 2015 10:23 am 
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Gateshead Council v Crozier



Neutral Citation: [2014] EWHC 2097 (Admin)

Court: Queen's Bench Division, Administrative Court

Judge Clive Heaton QC sitting as a judge of the High Court

Representation J Smith for the claimant.

The defendant appeared in person.

Judgment Dates: 8 April 2014

Catchwords

Road traffic - Hackney carriage licence - Revocation of licence - Appellant local authority revoking hackney carriage licence - Licence holder appealing to magistrates' court - Justices allowing appeal - Local authority appealing by way of case stated - Whether justices correct in law to draw distinction between complaints made by public and council officers - Whether justices correct in law to overturn decision of local authority if not finding decision wrong - , .


The Case

Road traffic Hackney carriage licence. The appellant local authority revoked the respondent's Hackney carriage licence. The respondent's appeal to the magistrates' court was allowed.The authority appealed by way of case stated. The Administrative Court, in allowing the appeal, held that the justices had been entitled to assess and evaluate each part of the evidence, including governmental guidance, and give such weight to each part as seemed to them fit.However, they had only been entitled to set aside the decision of the authority and substitute their own if they had come to the conclusion that the decision of the authority had been wrong.

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