DVLA Licence Appeals

Have you had your driving licence revoked or your driving licence application refused by the DVLA on medical grounds? Are you considering appealing to the Magistrates’ Court against the DVLA’s decision? Are you having to undergo a medical assessment for a driving licence renewal in the near future? Field Court Chambers can help with advice and/or representation.

The team at Field Court Chambers has unparalleled experience and expertise in DVLA/ driving licence appeals. We have been involved in hundreds of cases, both for and against the DVLA, over the past 30+ years. Our barristers are expert in the statutory framework which underlies the DVLA’s decisions and in the relevant case law.

It is a complex area of law and one where taking the right advice and/or being properly represented is essential if you want (i) to assess properly your chances of success in appealing the decision and (ii) to succeed on the appeal if you decide to proceed with it.

Our barristers can be instructed through the Public Access scheme. This means that you can instruct a Field Court barrister directly rather than having to employ a solicitor first. This is a cost-effective, convenient and time-efficient way of dealing with your case.

Assessment

There are many grounds on which the DVLA can rely to revoke your driving licence or refuse your driving licence application. Examples are: epilepsy and other neurological disorders, cardio-vascular disorders, visual impairment, age-related cognitive or physical impairment, diabetes, limb loss, alcohol/drug misuse/dependence and so on – see the full list of medical conditions contained in the DVLA’s A-Z of Health conditions. Many of the DVLA’s decisions are justified but not all are. Where the DVLA’s decision is not justified, it can be challenged on appeal in the Magistrates’ Court.

We will be able to advise you as to

  • the criteria used by the DVLA in making their decisions
  • the possible ways of challenging DVLA decisions in relation to any particular medical condition
  • the best way of challenging the DVLA’s decision in your particular case
  • whether your appeal has a good prospect of success
  • what evidence is needed to give your appeal the best chance of success

We offer a preliminary assessment at a fixed price of £350 + VAT to advise you whether or not you have suitable grounds for an appeal and if you do, what the best approach would be. This can be conducted either in person at our offices in central London or via Skype or other means of remote conferencing.

 

Assistance/ Representation

Our experience shows that the rate of success for driving licence appeals against DVLA is much higher if the appellant has professional assistance and representation than if the appeal is conducted by the appellant in person as a self-represented litigant.

Our barristers can

  • Assist you with writing letters to the DVLA. Often the DVLA will be prepared to reconsider your case if it is presented in an appropriate way and this can often avoid the need for proceeding with the appeal. In any event, the medical issues can be clarified so that you know what case you have to meet and what medical evidence will be necessary. Many cases end up going to appeal because of misunderstandings between the DVLA and the driving licence-holder/applicant as to what the relevant medical issues are.
  • Advice you as to the legal arguments and evidence which will best support your case.
  • Represent you at any directions hearing and at the full appeal. Our barristers will ensure that proper directions are given, will put forward appropriate legal arguments and cross-examine the DVLA’s witnesses on your behalf

In the first instance please contact one of our Clerks who will be able to guide you through the options available.

Useful Links

At a glance guide to the current medical standards of fitness to drive – https://www.gov.uk/government/publications/at-a-glance

DVLA’s A-Z of Health Conditions – https://www.gov.uk/health-conditions-and-driving