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Hackney Carriage

28 March 2014
Issue: 7600 / Categories: Case law , Law digest , In Court
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Jones and another v First Greater Western Ltd [2014] EWCA Civ 301, [2014] All ER (D) 167 (Mar)

The defendant was lessee of land at Bristol Temple Meads railway station. It decided to introduce a permit scheme at the public taxi rank at. It notified all licensed taxi drivers of its withdrawal of permission to access the stands (which had been designated as such by local byelaws) and its intended implementation of the scheme. The claimants challenged the decision. The judge dismissed the claim, holding that the statutory scheme (comprising ss 37 and 68 of the Town Police Clauses Act 1847 as expanded by s 76 of the Public Health Act 1925 and s 63 of the Local Government (Miscellaneous Provisions) Act 1976) and the Bristol taxi byelaws did not operate to prevent the defendant from exercising its rights as a landowner in that way. The claimants appealed unsuccessfully. The Court of Appeal held that there was no express indication in the relevant legislation that Parliament had intended to create a mandatory requirement for consent on the part of the landowner to permit unrestricted access to the

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