The taxi drivers had claimed compensation, which would have totalled €360m had they won their case.
I wonder how impartial the judge was bearing in mind his employers stood to lose that much money
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| Author: | captain cab [ Fri Oct 16, 2015 11:01 am ] |
| Post subject: | Taxi drivers lose court challenge |
Taxi drivers lose court challenge over deregulation The drivers argued that the sudden deregulation of the market had reduced the value of taxi plates Three taxi drivers who challenged the deregulation of the taxi market in 2000 have lost their case in the High Court. The drivers argued that the sudden deregulation of the market had reduced the value of taxi plates from almost €100,000 to almost nothing, leaving some with significant debt. However, Mr Justice Michael Peart dismissed their case. The judge apologised for the two-year delay in issuing a judgment, noting that the case had involved up to 13 boxes of documents, and 30 days of evidence in the High Court. If the taxi drivers had won, it would have had implications for a further 1400 drivers, and resulted in significant cost to the State. Legal sources said the taxi drivers would be considering whether to appeal after examining the 140-page ruling in detail. The taxi drivers had claimed compensation, which would have totalled €360m had they won their case. It is unclear whether the taxi drivers will have to pick up the State's substantial legal costs for the case, which ran for 30 days in the High Court. source: http://www.rte.ie/news/2015/1016/735231 ... on-courts/ |
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| Author: | edders23 [ Fri Oct 16, 2015 11:17 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
The taxi drivers had claimed compensation, which would have totalled €360m had they won their case. I wonder how impartial the judge was bearing in mind his employers stood to lose that much money
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| Author: | Sussex [ Fri Oct 16, 2015 11:17 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
A two year delay is inexcusable. However that will be some legal bill. |
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| Author: | Cabhappy [ Fri Oct 16, 2015 11:51 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Seriously? Plates belong to the Council. Taxi owners pay a licence fee to operate a taxi and are provided with a plate to allow them to do so. Trading in plates is illegal! Terms and conditions are imposed and can be changed at any time. It's a take it or leave it deal. Two years in court ? Lucky they didn't get two years for stupidity and wasting court time. |
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| Author: | trotskys twin [ Fri Oct 16, 2015 3:01 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Cabhappy wrote: Seriously? Plates belong to the Council. Taxi owners pay a licence fee to operate a taxi and are provided with a plate to allow them to do so. Trading in plates is illegal! Terms and conditions are imposed and can be changed at any time. It's a take it or leave it deal. Two years in court ? Lucky they didn't get two years for stupidity and wasting court time. Agreed  fekk em hope they all go bankrupt lose their homes and watch their family's disintegrate kkunts the lot of emm  i am delighted at this result
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| Author: | captain cab [ Fri Oct 16, 2015 5:15 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Cabhappy wrote: Seriously? Plates belong to the Council. Taxi owners pay a licence fee to operate a taxi and are provided with a plate to allow them to do so. Trading in plates is illegal! Terms and conditions are imposed and can be changed at any time. It's a take it or leave it deal. Two years in court ? Lucky they didn't get two years for stupidity and wasting court time. Not necessarily correct. |
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| Author: | Cabhappy [ Fri Oct 16, 2015 8:22 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Just spotted this is a non uk news item. Could be entirely incorrect which would Beg the question what relevance this had to uk drivers and this forum? |
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| Author: | Chris the Fish [ Fri Oct 16, 2015 9:28 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Cabhappy wrote: Just spotted this is a non uk news item. Could be entirely incorrect which would Beg the question what relevance this had to uk drivers and this forum? Because it is Eire, or Ireland if you prefer. Strange that our resident Irish Republican fan, TT, should want to "fekk em hope they all go bankrupt lose their homes and watch their family's disintegrate kkunts the lot of emm". Interesting to see if he will retract his comments. |
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| Author: | captain cab [ Fri Oct 16, 2015 10:04 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Cabhappy wrote: Just spotted this is a non uk news item. Could be entirely incorrect which would Beg the question what relevance this had to uk drivers and this forum? Its a deregulation story - that's why its on here. The Irish Government knew at the time that money was changing hands for licenses - as was the case in this country prior to 1986 - indeed in this country one judge basically alluded to those folk who bought licenses prior to 1986 being candidates for compensation. I'm reasonably sure those in Ireland thought the same - those that bought licenses before they foolishly deregulated in the manner they did. |
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| Author: | captain cab [ Fri Oct 16, 2015 10:11 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Challenge over claim of eroded taxi-plate values dismissed Three drivers sought damages allegedly due to deregulation and liberalisation of market The High Court has dismissed a challenge by three taxi drivers who claimed the value of their taxi plates was wiped out overnight when the sector was deregulated in 2000. Alphonsus Muldoon and Vincent Malone sued the Minister for Environment and Local Government and Dublin City Council, while Thomas Kelly sued the Minister and Ennis Town Council. Theirs were test cases for more than 1,100 similar claims by taxi drivers. Mr Justice Michael Peart said all three claims must be dismissed. A large number of people were in court for his judgment. The three sought damages and declaratory orders claiming, because the Minister and/or the local authorities permitted a licensing regime to operate as it did over so many years, they suffered immediate and significant losses as a result of overnight deregulation and liberalisation of the market. Constitutional rights Mr Muldoon and Mr Kelly claimed the Minister and State acted beyond his powers by delegating the role of deciding on the number of licences to the local authorities and in breach of their right to earn a livelihood and their constitutional rights. Mr Muldoon also sought declarations including that Dublin City Council acted contrary to competition law and that the defendants, or some of them, were unjustly enriched as a result of the regulatory regime operated and/or approved by them. Mr Justice Peart said the need for more taxis increased as Dublin developed, but this need was never met between 1978 and 2000. Taxi owners and their representatives resisted any significant increase in the number of licences, and lobbied effectively to that end. Queuing for a taxi, particularly at night time, was the norm and waiting times became longer and longer. While the industry always appeared to come out on top in negotiations about more licences, something had to be done. Secondary market At the same time there was a secondary market in the sale of taxi plates which “contained within them the seeds of destruction” when new regulations, introduced by the Government on January 13th, 2000, provided a person could pay €5,000 for a new licence. Before the change, plates were changing hands for substantial sums, up to €100,000 in some cases, he said. The judge was completely satisfied it was within the Minister’s powers to delegate regulatory powers to local authorities. He also found the regulations did not interfere, “much less unjustly attack”, the drivers’ right to earn a livelihood. “They could continue to earn their livelihood,” he said. It was therefore not necessary for him to address the issue of whether they were entitled to recover damages for breach of a constitutional right. The drivers also could not claim for breach of statutory duty by the defendants, he found. Each of them entered the market voluntarily, in the knowledge the regulatory regime could change. They also knew there was a risk their licences would not hold their value, he said. Public interest He rejected the claim the Minister was in breach of his duties to them when he introduced the new rules. The Minister’s duty was to regulate public service vehicles in the public interest, the judge said. There was nothing in the original 1961 regulations to indicate the imposition of a duty to regulate in a way that does not interfere with the interests of individual licence holders, he said. In relation to competition law, he said the drivers had sought to establish licensing by the councils met the criteria for an economic activity, at least in principle, but were “overlooking or ignoring, as they must for their argument, the non-commercial reality of that activity”. The fact a secondary market had evolved in the sale of plates as an incidental consequence of the regulations in operation at the time was irrelevant to the court’s considerations, he added. The non-economic activity engaged in by the councils means, when performing this regulatory function, they were not undertakings for the purpose of competition law and this activity therefore “fell at all times outside the competition rules”. Costs will be dealt with next month. source: http://www.irishtimes.com/news/crime-an ... -1.2395082 |
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| Author: | Private Reggie [ Fri Oct 16, 2015 10:29 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
I take it many of those licences where incorporated, question is was there a difference in fee charged by the regulator, sole operator licence fee/incorporated licence operator fee, if there was as was in Edinburgh when I bought in, you could argue the regulator profited at the expense of the incorporator, meaning regulation could have encouraged the secondary market, some responsibility should fall on the regulators,I'm sure the New York medallion is/was two tier also. |
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| Author: | captain cab [ Fri Oct 16, 2015 11:47 pm ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Private Reggie wrote: I take it many of those licences where incorporated, question is was there a difference in fee charged by the regulator, sole operator licence fee/incorporated licence operator fee, if there was as was in Edinburgh when I bought in, you could argue the regulator profited at the expense of the incorporator, meaning regulation could have encouraged the secondary market, some responsibility should fall on the regulators,I'm sure the New York medallion is/was two tier also.  your learning 
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| Author: | Cabhappy [ Sat Oct 17, 2015 2:43 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
Not if the secondary market is discouraged by regulation as is the case in this land. This is not a deregulation story. It might have been had it cited consequences of deregulation that might also be found in the UK. The taxi trade all over the world have their tales of woe, which some find of interest. Perhaps we should have a non uk stories section?
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| Author: | grandad [ Sat Oct 17, 2015 5:50 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
trotskys twin wrote: Cabhappy wrote: Seriously? Plates belong to the Council. Taxi owners pay a licence fee to operate a taxi and are provided with a plate to allow them to do so. Trading in plates is illegal! Terms and conditions are imposed and can be changed at any time. It's a take it or leave it deal. Two years in court ? Lucky they didn't get two years for stupidity and wasting court time. Agreed fekk em hope they all go bankrupt lose their homes and watch their family's disintegrate kkunts the lot of emm i am delighted at this result But these are supposed to be your comrades from the Republic! |
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| Author: | Nidge2 [ Sat Oct 17, 2015 5:54 am ] |
| Post subject: | Re: Taxi drivers lose court challenge |
How can they sell something that isn't theirs? |
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