Judge rules in Brake's favour
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by Kevin Wright • A group campaigning to get dangerous trucks off the roads has won a High Court victory in its battle to force the withdrawal of a Derbyshire haulier's 0licence.
Mr Justice Turner refused an application by North Western LA Martin AIbu to strike out the legal challenge brought by road transport safety campaign group Brake.
The judge's ruling opens the way for Brake to press ahead with its bid to overturn the LA's refusal to revoke the 0-licence of Bakewell haulier Herbert Pheasey (CM 2-8 Nov).
The judge said there was a "serious risk" that the pressure group would be denied justice if he struck out its bid for a judicial review at this early stage.
But when Brake's case is heard it may still face arguments that, as an "unincorporated associa tion" it has no "sufficient interest" to fight its cases in court.
Albu called a public inquiry in January after objections to the renewal of Pheasey's licence.
He found that a fatal' crash had been due to the haulier's failure to keep his vehicle fit and serviceable. But instead of revoking Pheasey's 0-licence he curtailed it.