Tribunal Orders Stay of Execution A LLOWING appeals in the case of
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the L.M.S. and L.N.E. Railway companies versus D. R. Stuart, the Tribunal ordered a stay of execution for 30 days, to permit the respondent to make another application for a short-term administrative licence, without its being prejudiced by the Tri bunal's decision. If the application could not be dealt with during that period, the stay would be extended. No order was made as to costs.
Briefly, the facts are that, whereas B26
in his original application Mr. Stuart specified normal use of his vehicle in certain parts of Scotland and occasionally for haulage from Aberdeen to Inverness and Liverpool, during the latter part of the first licensing period he was engaged mainly on haulage from Aberdeen to London. Although, on renewal, Mr. Stuart stated that he wished to carry goods occasionally to London, the Tribunal found that, on the evidence, he intended normally to operate to the Metropolis. Moreover, a prima facie case of need was not made out.
The Tribunal's decision was reached upon the evidence given at the public inquiry and not upon evidence which might have been led. Although the point was not mentioned, close scrutiny of certain schedules suggested that Mr. Stuart's business might be seasonal—a fact which would have had a material bearing on the question of normal use.