Thomas Megarry and Joan Megarry (T): [2026] UKUT 63 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 09 February 2026.
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Judicial Summary
Information provided by the Appellants in their appeal persuaded the decision-maker of the challenged decision, the Department for Infrastructure, that their decision to refuse the Appellants’ application for an operator’s licence, based on their failure, without reasonable excuse, to provide additional information, and to publish notice of their application in a newspaper, had been plainly wrong. This was because of personal circumstances of the Appellants, of which the Department for Infrastructure had been unaware. The Upper Tribunal agreed with the Department for Infrastructure’s position (as did the Appellants), and considered it fair and just to take into account information that had not been available to the Department for Infrastructure at the time of their decision. The Upper Tribunal therefore allowed the appeal, set aside the Department for Infrastructure’s decision, and remitted the case back to the Department for Infrastructure for a fresh decision.