Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’

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Oxford Human Rights Hub, 27th April 2020

Source: ohrh.law.ox.ac.uk

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

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KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

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Park Square Barristers, 31st January 2020

Source: www.parksquarebarristers.co.uk

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk

Black cab rapist John Worboys given two life sentences – BBC News

Posted December 18th, 2019 in news, parole, probation, rape, sentencing, sexual offences, taxis, victims, women by sally

‘Black cab rapist John Worboys has been handed two life sentences with a minimum term of six years for attacking four more women.’

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BBC News, 17th December 2019

Source: www.bbc.co.uk

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences – Local Government Lawyer

Posted December 11th, 2019 in appeals, fees, judicial review, licensing, local government, news, professional conduct, taxis by tracey

‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Councils unable to enforce against unlicensed taxi/PHV drivers because of outdated laws, LGA warns – Local Government Lawyer

Posted November 4th, 2019 in licensing, local government, news, taxis by sally

‘Outdated legislation and new technology have meant that councils are unable to take enforcement action against the rising number of unlicensed drivers operating in their area, the Local Government Association has warned.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Laura Nelson discusses Humayum Hussain v EUI Ltd (2019) – Park Square Barristers

Posted October 30th, 2019 in accidents, compensation, damages, news, proportionality, self-employment, taxis by sally

‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’

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Park Square Barristers, 24th October 2019

Source: www.parksquarebarristers.co.uk

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

Posted October 17th, 2019 in accidents, appeals, contempt of court, damages, deceit, news, personal injuries, taxis by sally

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

Woman jailed for punching Muslim woman and ripping her hijab off – The Independent

Posted September 11th, 2019 in alcohol abuse, assault, hate crime, Islam, news, police, racism, sentencing, suspended sentences, taxis by tracey

‘A care assistant has been jailed for 20 months after attacking two shoppers and ripping one’s hijab off.’

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The Independent, 10th September 2019

Source: www.independent.co.uk

Council defeats appeal by driver over revocation of licence ahead of trial for conspiracy to supply drugs – Local Government Lawyer

Posted August 12th, 2019 in conspiracy, drug offences, licensing, local government, news, taxis by tracey

‘A driver due to stand trial for a conspiracy to supply Class A drugs offence in September has failed in a legal challenge to a decision of St Albans City and District Council to revoke his hackney carriage driver’s licence, it has been reported.’

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Local Government Lawyer, 12th August 2019

Source: www.localgovernmentlawyer.co.uk

John Worboys pleads guilty to sex drug attacks – BBC News

Posted June 20th, 2019 in drug offences, guilty pleas, news, parole, sexual offences, statistics, taxis by tracey

‘”Black cab rapist” John Worboys has admitted attacks on four more women.’

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BBC News, 20th June 2019

Source: www.bbc.co.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

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Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Uber drivers sue Sadiq Khan for discrimination against ethnic minority drivers – The Independent

Posted March 1st, 2019 in congestion charges, equality, London, news, race discrimination, statistics, taxis by tracey

‘Private hire vehicle drivers are mounting a legal challenge against London mayor Sadiq Khan after he proposed new rules which require minicab and Uber drivers to pay the congestion charge.’

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The Independent, 1st March 2019

Source: www.independent.co.uk

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com

Black cab drivers lose High Court challenge against Uber’s London licence – The Independent

Posted February 27th, 2019 in bias, conflict of interest, judges, licensing, London, news, taxis by tracey

‘Black cab drivers have lost a High Court challenge against Uber’s London operating licence, after senior judges rejected their claims of bias.’

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The Independent, 26th February 2019

Source: www.independent.co.uk

Former taxi driver fined for failing to disclose prior convictions and revocation of licence – Local Government Lawyer

‘A former taxi driver has pleaded guilty to four offences of knowingly or recklessly making a false statement or omitting material in an application to a council’s licensing team.’

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Local Government Lawyer, 20th February 2019

Source: www.localgovernmentlawyer.co.uk

Nicholas Siddall on Uber: Form, Substance and Judicial Intervention – Littleton Chambers

Posted February 19th, 2019 in appeals, contract of employment, news, self-employment, Supreme Court, taxis by sally

‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’

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Littleton Chambers, 23rd January 2019

Source: www.littletonchambers.com

Chief magistrate’s alleged bias toward Uber raised in court – The Guardian

Posted February 14th, 2019 in bias, conflict of interest, judges, licensing, news, taxis by sally

‘The alleged bias of the chief magistrate, Emma Arbuthnot, in permitting Uber to operate in London has been raised in a courtroom challenge.’

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The Guardian, 13th February 2019

Source: www.theguardian.com