Taxidriveronline forum software wouldnt let me copy and paste the lot on here (too many characters) so you will have to click the link to read it all,but heres a taster .
http://www.bailii.org/ew/cases/EWHC/QB/2012/1105.htmlB e f o r e :
MR JUSTICE EDER
____________________
Between:
TRANSPORT FOR LONDON
Claimant
- and -
(1) JOHN GRIFFIN
(2) ADDISON LEE PLC
(3) EVENTECH LIMITED
Defendants
____________________
Martin Chamberlain and Sarah Love (instructed by Jane Hart, Transport for London) for the Claimant
Marie Demetriou QC (instructed by Maitland Walker LLP) for the Defendants
Hearing date: 23 April 2012
____________________
HTML VERSION OF JUDGMENT
____________________
Crown Copyright ©
Mr Justice Eder:
Introduction
The present proceedings are part of a wider dispute between the parties concerning the use of bus lanes in London which, in effect, come within the control of the claimant ("TfL"). As appears below, that dispute is currently the subject of judicial review proceedings which commenced last year and are yet to be determined.
The second defendant Addison Lee ("AL") operates a fleet of over 3,500 private hire vehicles ("PHVs") and 200 chauffeur driven Mercedes Benz and BMW cars. At almost five times the size of its nearest competitor, AL is Europe's largest private hire fleet. Mr Griffin is the founder and Chairman of AL which he established in 1975 as a private car hire business. The third defendant ("Eventech") is a wholly owned subsidiary of AL from which AL's self-employed drivers rent their vehicles.
The essence of the dispute appears from a notice (the "Notice") which was sent on or about 14 April 2012 by Mr Griffin on behalf of AL to its drivers in the following terms:
"Addison Lee Driver Notice
Dear Driver,
The director of Addison Lee plc believes that the current bus lane regulations, which allow London Black Cabs to use the bus lanes but prohibit private hire from doing so is illegal as it discriminates against Private Hire Operators and drivers who offer a competing taxi service.
We also believe that it denies the public freedom of choice as journey times in the bus lanes are much quicker that those outside the lanes.
Our legal advice in this matter is that bus lane requirements are currently being misinterpreted to exclude PHV's from bus lanes. Such misinterpretation is unlawful in the following respects.
a. It is in breach of European rules relating to the freedom of establishment and freedom to supply services.
b. It infringes the general EU principal of equal treatment.
c. It infringes the English common law principles of equality before the law.
d. It denies free and fair competition in providing an unfair advantage to one group of commercial operators over others.
Addison lee has sought and been granted a judicial review on this issue which is due to be heard by the end of the year. In the meantime Addison lee believes that we cannot allow our customer to continue to be victims of this unfair discriminatory treatment.
As chairman I can advise you that a lawful interpretation of the bus lane regulations entitles Addison lee drivers with private hire identifies to use all bus lanes in the same way as our competitors. Accordingly you are fully entitled to use the bus lanes.
We can confirm that entry into the bus lanes is not an endorsable offence and that we will indemnify all Addison lee drivers from any fines or other liabilities that may result from using the bus lanes as a result of this advice.
Should any conflict arise between yourself and any black taxi operator please be patient, make a note of any details and use your camera where possible.
Signed
John Griffin
Chairman, Addison Lee plc"
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