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Removal of Disqualification

Posted on 12th March

In certain circumstances it is possible to apply to the court to lift a disqualification before the term has expired. This will normally arise where the disqualification was for a lengthy period and the licence holder has experienced a change in circumstances, such as the offer of a job or the re-location of family where the early return of the licence would assist.

There is no set test or criteria to meet when making such an application. In the absence of any legal framework it is perhaps in these circumstances where our skills as specialist advocates come to the fore in presenting a persuasive and reasoned argument about why the licence should be returned.

Examples of our work include a successful application before the Leeds Magistrates’ Court on behalf of our client to have the disqualification lifted where 2 years and 5 months of the 3 years had expired: Our client had been offered a job for the first time in 18 months but would need her licence for work. The Magistrates’ felt that in the circumstances it was fair and proportionate that the disqualification be lifted.

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