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Gilbert v McKay
[1946] 1 All ER 458, 44 LGR 63, 110 JP 186, 90 Sol Jo 201, 174 LT 196, 62 TLR 226

Court: DC
Judgment Date: circa 1946

Considered Cavill v Amos (1900) 64 JP 309, 16 TLR 156 DC circa 1900

ROAD TRAFFIC - HACKNEY AND OTHER CARRIAGES AND LONDON CABS - HACKNEY AND STAGE CARRIAGES IN LONDON - MEANINGS - CAR STANDING IN PUBLIC STREET — HIRING AT ADJACENT OFFICE


Appellant had an office in London with a sign, ‘Cars for hire,’ displayed on the outside. Several motor cars belonging to appellant were standing in the street adjacent to the office, and, on October 11, 1944, several persons were seen to enter the office for the purpose of paying for the hire of any one of the cars in which later they were driven away.

On a charge of being the owner of unlicensed hackney carriages plying for hire, contrary to the Metropolitan Public Carriage Act 1869 (c 115) s 7, appellant was convicted and fined by the metropolitan police magistrate. Appellant appealed and a case was stated for the opinion of the High Court: Held although in each case no contract was entered into with the driver of the car and no payment made to him, there was a plying for hire of the cars standing in the public street.