The court considered the meaning of the legal concept of a breach of the peace. Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable apprehension of imminent danger of a breach of the peace; so for … Continue reading Regina v Howell (Errol): CACD 1981
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Citations: [2008] EWCA Civ 188 Links: Bailii Statutes: Public Passenger Vehicles Act 1981 Jurisdiction: England and Wales Transport, Licensing Updated: 27 November 2022; Ref: scu.266168
Service of `minded to revoke’ letter; Revocation of Public Service Vehicle Operator’s Licence: Section 17(1)(a)and(1)(b) Public Passenger Vehicles Act 1981 – revocation under section 14ZA(2) on the basis that the licence holder no longer satisfied the requirement to have an effective and stable establishment in Great Britain, to be of good repute, have appropriate financial … Continue reading Andrew Hopkins and, Tonna Luxury Coaches Ltd: UTAA 30 May 2022
Appeal from the Decision of the Traffic Commissioner declining to reverse the automatic termination of the operator’s licence pursuant to s.52(2D) of the Public Passenger Vehicles Act 1981, for non-payment of the continuation fee by the deadline date. Held: Appeal dismissed. Citations: [2010] UKUT 173 (AAC) Links: Bailii Road Traffic Updated: 25 August 2022; Ref: … Continue reading Singh (T/A Sandwell Travel), Re: UTAA 12 May 2010
After complaints about the applicant’s conduct of her coach business licensed under the 1981 Act, he was investigated. The issue was taken to a public enquiry before the traffic commissioner, which concluded that congestion and the state of the roads was not sufficient to reasonably excuse the failings in the service under s68. The applicant … Continue reading Jones (T/A Shamrock Coaches) v Department of Transport Welsh Traffic Office: CA 18 Jan 2005
Variation of Public Service Vehicle Operator’s Licence: Section 14ZC(1)(b) Public Passenger Vehicles Act 1981 – application to vary the location and number of operating centres. Citations: [2022] UKUT 95 (AAC) Links: Bailii Jurisdiction: England and Wales Transport Updated: 07 June 2022; Ref: scu.677480
The court was asked whether a school bus was being ‘used . . for carrying passengers’ within section 12(1) of the Act at a time when the school children had got on to the bus and the register had been taken but the bus had not yet moved off from its parking place. Richards, Davis, … Continue reading Grey (T/A Citytax) v City and County of Swansea: CA 27 Jun 2013
The claimant a wheelchair user had been unable to travel on a bus when a mother had left her sleeping child in a pushchair. The mother said she was unable to fold down the pushchair, and would not move the child. The claimant said that the driver should have had instructions to insist on this, … Continue reading Firstgroup Plc v Paulley: CA 8 Dec 2014
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop. Held: The police were correct to anticipate a breach of the peace … Continue reading Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others: CA 8 Dec 2004
Appeal from order barring from operator’s licence Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 1706 Links: Bailii Statutes: Public Passenger and Vehicles Act 1981 17(3) 14ZA Jurisdiction: England and Wales Road Traffic, Licensing Updated: 20 May 2022; Ref: scu.656810
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009