Midland Container Logistics Limited & James Donlon D K Barnsley & Sons Limited : [2020] UKUT 5 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Beech on 14 February 2020.

Read the full decision in T/2018/20 & T/2018/28

Judicial Summary

AdBlue emulators; whether the fitting of an emulator can be for any purpose other than to give the misleading impression that engine emission standards are not being met; whether such an act can/should be categorised as “dishonest” or “deceitful”; whether the fitting of an emulator is in itself unlawful; whether a recording of excessive emissions is required before any adverse findings can be made arising out of the fitting of such a device; whether in principle, the fitting of an emulator can/should be compared to the fitting of a magnet to a tachograph; call up letters; approach to evidence.

Published 3 March 2020