The case of Eve Lamb v Equity Red Star has set a new precedent for the duty of care demanded of taxi drivers towards their passengers and other road users.

The taxi driver who was insured Equity Red Star had been found liable of false imprisonment after he refused to let his passengers leave his vehicle over a fare dispute.

In the ensuing confrontation between the driver and Ms Lamb’s partner, she suffered a broken hip requiring 6 weeks in hospital after the driver lost control of his vehicle.

The taxi driver had decided to take the couple to a police station despite repeated requests to be allowed to exit – an action that was deemed false imprisonment by the Court.

This has led to a key ruling that the driver had a strict liability, which makes him legally responsible for the damage and loss caused by his acts regardless of fault – Ms Lamb was awarded £13,250 in damages.

Deputy District Judge Jones also commented in his judgement that the driver had the option to stop his vehicle but continued and so posed a significant danger to other road users as well as his passengers.

Howards Solicitors, which works closely with the taxi trade, represented Ms Lamb, believes that taxi drivers must take away key lessons away from this case.

Gavyn Atkinson, head of personal injury and civil litigation, who worked on the case at Howards Solicitors, advises: “If you are a taxi driver that believes that they have been wronged do not take the law into your own hands, pursue other options.

If you find yourself in a difficult position call the Police if possible, drop off passengers outside their homes or places of work and note the address, install cameras in your cab.”

Atkinson continues: “Only in cases of self-defence where you honestly believe that there is a threat to your physical well-being would we acknowledge that there might not be any reasonable alternative.  However, cases that go to Court are often not clear cut in regards to self-defence.”

Oliver Gardner managing partner of Howards Solicitors, which specialises in criminal and motoring law comments: “The law is still far from satisfactory for taxi drivers.  There are few, if any, cases that give much needed guidance to taxi drivers in this area.

Moreover, Gavyn’s research showed that no approved guidelines are in place, from councils or colleges offering NVQs for taxi drivers.  It is a situation that needs to be resolved quickly to protect taxi drivers and their passengers.”

The report by the Manchester Evening News discovered that those convicted within a fortnight of the riots received sentences on average 30% longer than those sentenced after two weeks had elapsed.

Gardner, managing partner of Manchester criminal law firms Howards Solicitors, which is handling a number of riot related cases, comments: “The Courts must be objective in their judgements.  These findings lead to the suspicion that the groundswell of, perhaps understandable, public and political feeling has probably influenced the legal system when it should have resisted such pressure.”

Gardner states one instance where a judge exclaimed “bad timing” when a more severe than expected sentence was handed down.

Gardner also notes that non-riot related offences seem to have also been influenced by the climate of outrage at the time: “We have had motoring law offences that would rarely, if ever, carry a custodial sentence, but were treated with particular severity.  One case involved a young girl with an otherwise blameless history starting out on her career and the other a serviceman recognised for gallantry – neither offence posed a physical danger to the public.”

“The legal system needs to work in all situations or it will be undermined and confidence lost.  It is a worrying development that it appears to have not been as resistant to outside pressures as it should have.”

The case of Royal Marine Corporal William Patten, who assaulted an opponent during a match in February 2010, highlights the issue of on-field violence.

The judge has warned Patten, who has just been convicted that he faces jail for actual bodily harm, which can carry sentences of up to five years.

Patten left an opposition player needing surgery to fit a titanium rod in his mouth, and medical bills of more than £7,000 after being elbowed.

This is not the first time a player has been in jail for actions on the field of play.  In 2010, a player received a custodial sentence of six months for a premeditated tackle that shattered an opposition player’s leg.

The Football Association’s own internal figures show that match officials are also targets of violence.  In February 2011 there had already been 330 assaults on match officials, up from 260 at the same point on the previous year.

Other sports such as rugby and lacrosse are also not immune for on field assaults during amateur matches.

Oliver Gardner managing partner at Howards Solicitors comments: “Some sports people believe that what happens on the pitch, stays on the pitch, but that is simply not true.  The latest case shows that if you engage in violent actions, then there could be charges brought even if it is a contact sport.”

Gardner continues: “Remember the affects of a moment of madness can last a lifetime.  You don’t need to be imprisoned for an incident to come back to haunt you years later, perhaps when you are applying for an all-important job.  Even a caution can wreck life chances.”

William Patten will be sentenced on the 5^th December.

Peter Eatherall, a motoring and taxi law partner

The Committee is alleging that Manchester Airport has unfairly favoured Arrow Cars, which has illegally restricted trade for other operators.

The story was covered this week in the Manchester Evening News and will be in the taxi press over September.

Peter is a very experienced motoring lawyer, who ran his own taxi firm prior to changing his career.  If you need advice on taxi licensing or any other trade related issue please contact Howards on 0800 876 6749 or peter.eatherall@howardssolicitors.com

Peter also offers motoring law advice for private individuals.

We will be updating the website and the press as the case progresses.

Peter Eatherall, taxi law partner at Howards, will be representing the Committee’s fight to fully open up business to the trade at the airport.

The Manchester taxi trade has taken issue with the Council for giving Arrow Cars preferential treatment in its dealing with the airport and its passengers.  This has effectively shut out competition, according to the Committee.

The Manchester Cab Committee brings wide support and is made up of the GMB Union, Taxi Owners and Drivers Association, Airport Taxi Association, Mantax and Taxifone.

The complaints focus on Manchester Airport’s website booking facility for taxis, as well as its booking kiosks in the three main terminals, which are devoted to Arrow Cars at the expense of rivals.  There are also objections from the trade regarding Arrow Cars’ unlawful ranking activities.

The Committee now has barrister’s advice and representation through Howards Solicitors, with a possible judicial review to follow to determine the law on this matter.

Sean Kenny, chairman of the Manchester Cab Committee, comments: “We have no problem with competition.  We do take issue though when a private hire office opens next to the taxi rank and misleads customers by calling themselves “Taxi Private Hire.”  In addition it has vehicles illegally ranking and what can be consider unbalanced promotion by Manchester Airport.  Then, it’s not fair or acceptable.”

Kenny also points out: “Manchester City Council compels all Hackney Carriages to meet a rigorous set of standards concerning issues such as driver knowledge and wheelchair accessibility at some considerable cost.  Private hire do not have to meet the same high standards, including licence fees, yet are being given the opportunity of immediate hirings.  This opens up another issue of fairness in the eyes of many in the trade.”

Eatherall, who has direct experience of running his own taxi firm before migrating his knowledge to law, comments: “The Council do not feel there are any issues that need to be radically addressed, but many, many voices within the trade in Manchester strongly believe that there are.”

“We have tried to resolve what we think are sound grievances through dialogue with the licensing and legal departments of the Council.  We have not received a constructive response.  The Manchester Cab Committee has been left with no other choice to resolve the matter other than through legal recourse.”

www.howardssolicitors.co.uk

Howards is representing a number of defendants from alleged offences regarding the riots in Manchester.

Oliver is available for interview and further comment – please use comments below (acknowledgement of use would be appreciated).

The affects on defendents not involved in the riots

“One of the most significant impacts of the riots on judicial discretion is an issue being completely overlooked: we are representing certain defendants that have not been involved in the riots, yet are suffering the consequences of the public mood.

One client in particular was arrested for an offence that is not even punishable by imprisonment on conviction, yet was refused bail by the police and so spent the night in custody. He was then subjected to a curfew when bailed by the magistrates the following day.

The decision to impose the curfew for such a minor matter was challenged on appeal in the crown court where the judge in upholding the lower courts decision commented “bad timing.”

Inconsistency in sentencing

“It is an entirely reasonable viewpoint considering the nature of the riots, and the criminal activities that took place, for it to be reflected in the sentencing, which will result in tougher sentences.

However, the desire to be seen to be especially tough, and the current speed with which the judicial system is processing these cases, is potentially very damaging to the system.

Those in the Law acknowledge that effective justice requires time to develop and change before getting it right. This does not change because of certain extreme circumstances.

The lack of time for adjustment, and for precedent to be set, means quite simply that in the short term there will be inconsistency in approach by the courts.

Sentences that reflect knee jerk reactions will damage the judicial process once we have had time to reflect.  If we insist on the rule of law, we must demonstrate the rule of law in our courts.”

Appeals

“The appeals process is likely to overturn many sentences.  It may take several months and cost millions of pounds though before a standard approach is established. It will undermine the public’s perception of the system and those responsible for it. It is therefore time for cool heads and to adhere to sentencing guidelines.”

Contact details

Rob Baker

Artisan Marketing Communications

07957611834

rob@artisanmc.co.uk

www.artisanmc.co.uk

Eatherall, who worked for over 20 years in the trade before switching to being a specialist solicitor for the taxi sector says the report is: “A collection of short steps on the road to much needed reform, but it is not the giant strides I would have like to have seen.”

“The committee has fully realised that the current laws are antiquated and unworkable. Its aim to see an overhaul of a hotchpotch of outdated legislation within this Parliament (by 2013-14) rather than delay reform by referring to the Law Commission should be supported wholeheartedly by the industry.”

“The Town Police Clauses Act 1847 and the Local Government Act 1976 must go. It is ludicrous that we have a law enacted at a time when carriage and horses was the norm when we now have the Internet and Sat Nav.”

Eatherall believes strongly that: “It is an ideal opportunity to pave the way for a long overdue national cab act.”

“The benefit of implementing national standards for vehicles and drivers in relation to public safety will rejuvenate the industry, especially as the committee has recognised that paying attention to consumer’s needs, especially the disabled, will bring more trust and a better image.”

“It can only help the trade gain more business at a time when the public’s finances are generally fragile.”

Eatherall does offer some disappointment: “The proposals simply do not go far enough. The committee has missed an opportunity to propose a national licence.”

“A national licence would potentially resolve damaging issues concerning lax enforcement (in some areas) and cross border hiring complaints. It would offer standard costs rather than a lottery on the charges levied and central licensing officers.”

Eatherall asks: “It has worked efficiently for other professional motorists such as HGV drivers, why shouldn’t it work as well for the taxi trade?”

Eatherall slams the decision not to look at a national licence: “Taxi firms and professionals should expect to have a uniformity of approach and application of the law. It should not be a lottery, depending on the enforcement procedures of the particular local authority taxi drivers find themselves in. Yet the committee is advocating building on an already unsatisfactory system. Why have local authorities control larger areas when many struggle with their current responsibilities?”

Eatherall concludes: “This is a massive opportunity for the trade to reinvent itself, offer higher standards and build a much better image with the public. While there is an understandable case of moving in small steps, there is also one for taking full advantage of this long overdue opportunity.”

Notes
Peter Eatherall first worked in the taxi trade in the late 1960s running his own firm for a time. Peter switched careers to law in the late 1980s, and now has over 20 years experience offering legal advice to the trade.

Today Peter is the motoring and taxi law partner at Howards Solicitors, a specialist practice based in Manchester that he co-founded. He also works on a wide range of criminal cases and has earned the privilege of advocacy rights in both the Magistrates’ and Crown court.

www.howardssolicitors.co.uk

Eatherall, a partner of specialist taxi and criminal legal practice Howards Solicitors, believes more regular enforcement of taxi licensing could reduce the high incidences of violent crime committed by illegitimate taxi drivers.

The recent case of Amine Kacem is the latest of a spate of serious offences by non-licensed taxi drivers. Kacem deliberately put a large yellow sticker on his car to make it look like a private hire vehicle.

He received a 9-year sentence for rape this week after his unsuspecting victim believed that it was safe to accept a ride. Only DNA evidence gathered from an unrelated offence of theft 18 months later led police to Kacem.

Manchester does not have a good record, last year there were 98 bogus cab related rapes and sexual assaults according to Greater Manchester Police. London with a population four times as big suffered 143 by comparison.

RAINN, an anti-rape charity based in the US states that as many as 60% of rapes go unreported.

Les Reid a representative for Manchester based taxi co-operative Mr Black Cab, which runs 70 vehicles, comments: “No-one has checked my badge in over 25 years. We need Manchester’s Licensing Unit to be highly proactive, so that the public feels safe. The horrific cases in the news tarnish the name of all law abiding professional taxi drivers who want to simply offer a great service and make a decent living for their families.”

Peter Eatherall, who ran his own cab firms before transferring his industry knowledge to law comments: “Stricter enforcement of taxi licences is crucial to deterring and reducing serious crime in the taxi trade.”

“The public and trade need to see more visible and proactive activities to drive unlicensed taxi drivers from the roads. More spot checks by enforcement officers from the local authority as well as the police, with the results published and on view, would be a good start to restoring confidence.”

Reid states: “There are 1,000 Hackney cab drivers and 2,000 private hire professionals within the city boundaries, not including Greater Manchester. Anyone of them would gladly help the police to significantly reduce the issue.”

Peter Eatherall
Peter.Eatherall@howardssolicitors.com

The drugalysers, arriving in police stations this month, are expected to significantly ratchet up pressure on motorists who drive under the influence of drugs.

In 2008 only 253 drivers were convicted of drug driving in Britain, compared with 73,000 for drink driving. Yet, a EU study in Glasgow in 2005 found 11% of drivers stopped were drug users.

The further role out of mobile devices by the end of the year is expected to significantly add to prosecutions.

Gardner, managing partner of motoring law practice Howards Solicitors urges a closer look: “We all welcome improvements to safer driving. But unless the new initiative addresses key issues it could encounter significant setbacks.”

The need for extra training and guidance for the police and courts, the cost of prosecutions at a time of cuts in police manpower and a reduction in court time are just a few of the concerns raised.

Gardner highlights another potential bone of contention: “Alcohol, whether in wine, beer or spirits, will have the same effect, it can be measured and a limit agreed.

The same cannot be said for drugs, all of which have very different effects whether taken alone or in combination. Furthermore, a driver could have traces of banned substances and not be adversely affected in their ability to control a vehicle.”
It remains to be seem how drugalysers differentiate between types of drugs, quantities and length of time in a person’s system?”

Gardner concludes: “We could easily have 30,000 or 40,000 annual prosecutions for drug driving and if a high percentage are contested, especially as this is a new law, then we could see chaos, including mounting costs and delays in the courts.”

“The Government has to think through the significant costs of implementation and prosecution against the return of how much safer Britain’s roads will be. There needs to be some balance. I am not sure we have seen evidence of that as yet.”

Further Comment
Oliver Gardner is managing partner of Howards Solicitors, a specialist motoring law practice. Howards also offers legal advice for professional drivers, such as taxi licensing issues.

Oliver is available for comment on motoring law issues – please feel free to use any quotes stated in the release for articles.

Contact details
Rob Baker
Artisan Marketing Communications
rob@artisanmc.co.uk