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The Burden of Kaivanpor

Charles Holland

In a newly published article, Charles Holland of FTB Chambers argues that the Divisional Court’s ruling in Kaivanpor v. DPP was wrongly decided. In this taxi licensing case, the Court overruled dicta in Canterbury v. Ali to answer in the negative the question as to whether the burden of proof was on the driver to establish that he was a fit and proper person in an appeal against revocation. Charles argues that the Divisional Court answered the wrong question, and should have focused on the approach to licensing appeals found in Hope and Glory.