Transport for London -v- Uber London Ltd; Admn 16 Oct 2015References:
 EWHC 2918 (Admin) Links: Bailii Coram:
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required licensing.
Held: The system was not unlawful. The fare was calculated by a system external to the smarthone, and therefore the phone was not itself a meter: 'A device for recording time and distance is not a device for calculating a fare based on time and distance, let alone one based on more than that, including the fare structure itself, a necessary component to the calculation. The language of the statute is quite clear. The essence of a taximeter for the purpose of section 11 is that the device must be for the calculation of the fare then to be charged, based on whatever inputs are appropriate. Such a device is not simply recording and transmitting some or all of the inputs to a calculation made elsewhere, or receiving the output, that is the calculated fare. The Smartphone is not a 'thing designed or adapted for a particular functional purpose' namely calculating fares for the PHV; see the Shorter OED. It is not a taximeter. The Smartphone with its Driver's App may be essential to enabling the calculation to take place but that does not make it a device for calculating fares. Nor does that warrant treating the Smartphone as part of a single device with Server 2; it simply is not.' Statutes: Private Hire Vehicles (London) Act 1998 11 This case cites:
- Cited - Director of Public Prosecutions -v- Ottewell HL ( CLY 837,  3 ALL ER 153,  AC 642, (1968) 52 Cr App R 679)
The antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty which is disproportionate to the . .
- Cited - The Presidential Insurance Company Ltd -v- Resha St Hill PC (Bailii,  UKPC 33)
(Trinidad & Tobago) The Board considered that when interpreting a statute certain requirements had to be met before external materials could be used. The scope for enquiry into extraneous records, following Pepper v Hart  AC 593, is broadly . .
- Cited - Royal College of Nursing of the United Kingdom -v- Department of Health and Social Security HL ( AC 800,  1 All ER 545 CA and HL(E),  2 WLR 279, Bailii,  UKHL 10)
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was 'terminated by a medical practitioner', when it was carried out . .
- Cited - Regina -v- Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL (House of Lords,  UKHL 13, Bailii, Times 14-Mar-03,  2 WLR 692,  2 AC 687, (2003) 71 BMLR 209,  1 FCR 577,  2 All ER 113)
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
- Cited - Regina -v- Her Majesty's Attorney General ex parte Rusbridger and Another HL (House of Lords,  UKHL 38, Times 27-Jun-03, Bailii,  1 AC 357)
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
- Cited - Haynes, Regina (on the application of) -v- Stafford Borough Council Admn (Bailii,  All ER (D) 135,  EWHC 1366 (Admin),  1 WLR 1365)
Walker J set out the principles applicable (in this case) before making a declaration as to the criminal law. . .
(This list may be incomplete)
Last Update: 16-Oct-15 Ref: 553501
Road Traffic, Licensing, News
See also: http://www.swarb.co.uk/transport-for-lo ... 6-Oct-2015