Source: All England Reporter
Publisher Citation: [2002] All ER (D) 23 (Oct)
Court: Court of Appeal, Civil Division

Kennedy, Buxton and Keene LJJ

Representation David Wolfe (instructed by Griffith Smith, Brighton) for the appellant.
  Alan Newman QC and Andrew Muir (instructed by Barry Rollinson, Canvey Island) for the respondent.
Judgment Dates: 2 October 2002


Road traffic - Hackney carriage - Licence - Authority proposing to remove limit on number of licences to be granted - Appellant licence holder seeking judicial review of change of licence policy - Whether authority entitled to impose conditions limiting where new licence holders entitled to ply for hire - Whether authority permitted to have regard to latent demand for hackney carriage licences - Town and Police Clauses Act 1847, s 37 - .

The Case

On a true construction of s47(1) of the 1976 Act, an authority was not entitled to impose a condition which prevented a hackney carriage from acquiring fares from a particular stand or street. That would create a two tier system that flew in the face of the legislative approach to remove restraints and allow market forces to take effect. Any such system would encourage a second class of taxi that was contrary to the aim of encouraging competition.

Practice Areas

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