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High Court ruling in favour of TC welcomed
Page 7
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By Mike Jewett .....
SENIOR TRAFFIC Commissioner Philip Brown has welcomed Mr Justice Wy-n Williams' fligh Court decision to reject claims by Suffolk-based haulier Romantiek, whose trucks were registered in Belgium. that the former Eastern Traffic Commissioner Geoffrey Simms had acted unlawfully.
Romantiek had claimed Simms acted unlawfully in directing that letters be written to its UK customers saying that if they continued to use the firm's services their own repute would be called into question. Brown tells CM: "It just goes to show there is no cause of action against a TC doing their duty. That was absolutely clear."
Brown gave evidence at the High Court hearing in October 2008 that Simms' instructions were those he would have recommended in the circumstances.
Romantiek had sought damages for misfeasance in public office, unlawful interference with trade, and breaches of European Community Law. It had been working for Securicor, Medite Shipping Co and AM Searle Shipping, using Belgian-registered vehicles working in breach of the cabotage regulations, even after its Belgian licence had been suspended. Vosa's impounding of seven of Romantiek's foreign-registered trucks in 2006 was upheld as lawful by Simms, then a Transport Tribunal and the Court of Appeal_ Dismissing Romantiek's claims, Mr Justice Williams said he was satisfied the TC was entitled to cause letters to be sent to Securic,or, Meditc and Searle to point out that their good repute might be called into question should they continue to trade with an organisation that was itself trading illegally.
Williams was satisfied that sending the letters was lawful because it was within the powers conferred upon the TC by the 0-licensing legislation.