2000/5313/83
Neutral Citation Number: [2001] EWCA Civ 172
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

B e f o r e:

THE MASTER OF THE ROLLS
(LORD PHILLIPS)
LORD JUSTICE SIMON BROWN
LORD JUSTICE LONGMORE

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RIBBLE MOTOR SERVICES LIMITED
Appellant

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TRAFFIC COMMISSION FOR THE NORTH WEST TRAFFIC AREA
Respondent

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(Computer Aided Transcript of the Palantype Notes of
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040  Fax: 020 7831 8838
Official Shorthand Writers to the Court)
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MR TIMOTHY KING QC and MR M LAPRELL (Instructed by Messrs Blackhouse Jones, Blackburn, Lancs, BB1 8DE) appeared on behalf of the Appellant

MISS ELEANOR GRAY (Instructed by The Treasury Solicitor, London, SW1H 9JS) appeared on behalf of the Respondent.
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J U D G M E N T
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.