Two Firsts
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The Road Haulage Association, which sponsored the appeals, pointed out this week that this was the first time a decision of the Transport Tribunal had been successfully challenged in the courts. Moreover, it was the first occasion on which a rase had been taken to the Court of Appeal—previous cases having been heard by the Queen's Bench Division.
Mr. G. K. Newman, the Association's secretary-general, said: "It is not yet passible to assess in detail the implications of the lengthy judgments of the Court of Appeal, but we have, firstly, established the Tight of appeal from decisions of the Transport Tribunal in the face of what may have appeared to be an absolute discretion on their part, and, secondly, obtained a ruling that attempts by the Tribunal to establish binding precedents controlling the licensing system are inconsistent with the duty to exercise discretion under the Road Traffic Act, 1960."