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Medical appeal won
Page 26
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won a High Court battle for the return of his bus driver's licence which had been taken away after he was suspected to be suffering from epilepsy.
Mr Justice Simon Brown said that there was no evidence that Douglas Sidle, 54, of Leymoor Road, Longwood, had suffered epileptic attacks since the age of five and there was no reason why he should not have his licence back.
The judge quashed the dismissal by Huddersfield Magistrates in January of Sidle's appeal against the refusal of the North Eastern Traffic Controller to renew his licence, which he had held since 1963.
The licence was withdrawn after Sidle failed to satisfy the controller under the 1983 Public Service Vehicles (Drivers Licences) Regulations that he had not had an epileptic attack since the age of five.
The controller based his refusal on a hospital clinical note from 1959 when Sidle, who was 25 at the time, sought help for sleepless nights. The note read: "Suggestion of nocturnal epilepsy, EEG compatible with this. Takes no medication and has had no problems since."
Sidle was not told of this diagnosis. The note only came to light in his medical record in 1988 when he was examined by a doctor for the renewal of his licence. His council, Simon BourneAfton, said that there had been no recurrence of any symptoms of epilepsy and no epileptic attacks. Sidle had a clean driving record.
'rhe judge ruled that the diagnosis was probably incorrect in the light of a medical report compiled in 1988.
Sidle, who was not in court, was awarded his costs against the Department of Transport, which had opposed his appeal.