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Tribunal changes could jeopardise firms
Page 7
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by Christopher Walton REFORMS TO THE Transport Tribunal could leave operators out of business while awaiting appeal, one senior lawyer has warned.
As the industry awaits the introduction of the Tribunals. Courts and Enforcement Act 2007, which will see a two-tier appeals structure, fears have arisen that the appeals process could be so lengthy that operators could go out of business before they get their licences back.
Stephen Kirk bright, partner at Ford & Warren. warns that in streamlining the E appeals process to be more effective, weeding out frivolous cases and creating r, a more effective tribunal process would have a chuge effect" on overturning decisions made by Traffic Commissioners. He adds that as operators now had only 28 days to lodge an appeal. it left them with a perilously short timescale to deal with the consequences of the TC's decision.
Appeals on decisions made by TCs will not go to the first tier of the reformed structure, but they will now be handled by an Upper Tribunal, presided over by a High Court Judge. Appeals to the Upper Tribunal also face being put forward in writing, leaving operators disputing the decisions of TCs without the ability to appeal orally.
"Operators could go out of business, as it would take three months to get the appeal before the Upper Tier," Kirkbright tells CM. "It is worrying to me. as a lawyer, that a significant number of cases will be dealt with on paper rather than in hearing. This presumes a highly competent lawyer."
James Backhouse, director of transport lawyers Backhouse Jones. says that any reform process should not lose the right to stay — whereby the business can continue trading before the appeal is heard.