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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ribble Motor Services Ltd v Traffic Commission For North West Traffic Area [2001] EWCA Civ 172 (6 February 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/172.html Cite as: [2001] EWCA Civ 172

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE TRANSPORT TRIBUNAL

		Royal Courts of Justice Strand London WC2A 2LL Tuesday 6 February 2001

1. LORD PHILLIPS, MR: There is before the court an application to adduce by way of fresh evidence a body of research that has been carried out since the decisions that the Appellants seek to attack in order to demonstrate that those decisions were perverse.
2. In my judgment, this application is misconceived. The evidence is plainly not admissible for that purpose. The issue the court has to decide is whether the decision reached was, or was not, a lawful decision having regard to the material available to the decision maker or makers (because there are two decisions involved) at the time. This court must address that issue on such evidence as was then available, not in the light of evidence of fact which has since been obtained.
3. I would dismiss this application.
4. LORD JUSTICE SIMON BROWN: I agree.
5. LORD JUSTICE LONGMORE: I agree.