Xport Transport Ltd v Driver and Vehicle Agency (Northern Ireland): [2025] UKUT 384 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Smith on 12 November 2025.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 December 2025

• Categories: Transport - Traffic Commissioner and DoE (NI) Appeals
• Sub-categories: Transport - Traffic Commissioner and DoE (NI) Appeals - Financial Standing, Transport - Traffic Commissioner and DoE (NI) Appeals - Repute & Fitness, Transport - Traffic Commissioner and DoE (NI) Appeals - Revocation, Suspension and Curtailment and Transport - Traffic Commissioner and DoE (NI) Appeals – Other
• Judges: Smith, J
• Decision date: 12 November 2025

Read the full decision in UA-2024-000718-NT.

Judicial Summary

This is an appeal by Xport Transport Ltd against the decision of the Presiding Officer, on behalf of the Department for Infrastructure, to revoke its operator’s licence on the findings that it had lost its good repute and lacked financial standing. The Presiding Officer’s decision to revoke the operator’s licence was challenged on the grounds of procedural unfairness arising from the late disclosure of evidence, illegality and proportionality. The Upper Tribunal found several procedural irregularities in the handling of late evidence and in the decision-making process, leading to the conclusion that the Presiding Officer’s decision was “plainly wrong.” The case was remitted for re-determination before a different decision maker on behalf of the Department for Infrastructure (NI).

Published 3 December 2025