||All England Reporter
|| All ER (D) 23 (Oct)
||Court of Appeal, Civil Division
Kennedy, Buxton and Keene LJJ
||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.
||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 - .
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary