Doubts cast over Pallas's reputation
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The hearing is the latest in a long line of judicial fights for the Chester Le Street company.
In February 2003, police and Customs raided the premises of Pallas Transport and Montana Freight Services, According to traffic examiner Kevin Barnes, significant amounts of paraffin were discovered in the both firm's fuel tanks. Macartney later revoked the two companies' licences on the grounds that they had lost their repute An appeal to the Transport Tribunal was rejected in June when the Tribunal refused to allow new evidence to be submitted.
Pallas turned to Scotland's judicial system and under the direction of consultant Alec Hayden she was granted a hearingat Scotland's Court of Session where Lord MoEwan suspended Macartney s decision a ruling that appears to have no legal precedent.
Despite doubts being raised in the industry over the legality of McEwant decision -and Hayden and Pallas' vehement objection to these doubts no one has yet stuck their head above the parapet and admitted a mistake has been made.
Hayden later suffered an embarrassing defeat when Macartney ordered Pats not to employ him to represent her firm as he was "lacking in professional objectivity and abusive" (CM 2 September).