Source: All England Reporter
Publisher Citation: [2009] All ER (D) 54 (Nov)
Neutral Citation: [2009] EWHC 3011 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Sullivan LJ and Openshaw J (judgment delivered extempore)
Representation Kevin Leigh and Phillip Williams (instructed by Marcella Davis, Stratford-on-Avon District Council Legal Services) for the authority.
  Jamie Burton (instructed by Dennings LLP, Dudley) for the respondent.
Judgment Dates: 4 November 2009

Catchwords

Road traffic - Hackney carriage - Fare - Overcharging - Officers of appellant authority working undercover booking journey with respondent's employer company for fixed fare - Respondent undertaking journey and accepting fare - Respondent charged with knowingly charging passengers a fare more than metered fare would have been and failing to turn on meter when undertaking a journey with fare-paying passengers - Justices granting respondent's application to have officers' evidence excluded from trial - Authority offering no evidence and justices dismissing charges - Whether justices erring - s 67(1).

The Case

Road traffic Hackney carriage. The Divisional Court allowed the appellant authority's appeal by way of case stated, finding that the justices had failed to engage with the real issue in the case, namely, whether an agreement made to convey two of the authority's officers by a licensed taxi could have been lawfully made for a fare which was more than the metered fare for the same journey would have been, in view of the provisions of s67 of the . The matter was remitted to the justices for rehearing.

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