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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Transport for London v Uber London Ltd  EWHC 2918 (Admin) (16 October 2015)
Cite as:  EWHC 2918 (Admin),  WLR(D) 422
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| TRANSPORT FOR LONDON
- and -
UBER LONDON LIMITED
LICENSED TAXI DRIVERS ASSOCIATION
LICENSED PRIVATE HIRE CAR ASSOCIATION
Monica Carss-Frisk Q.C. (instructed by Hogan Lovells International LLP) for the First Defendant
Martin Westgate Q.C. (instructed by Michael Demidecki & Co) for the Second Defendant
Pushpinder Saini Q.C. (instructed by Latham and Watkins (London) LLP) for the Third Defendant
Hearing date: 5th October
Crown Copyright ©
MR JUSTICE OUSELEY :
The legislative provisions
"(i) is suitable in type, size and design for use as a private hire vehicle-
(ii) is safe, comfortable and in a suitable mechanical condition for that use; and
(iii) is not of such design and appearance as would lead any person to believe that the vehicle is a London cab…."
"(1) No vehicle to which a London PHV licence relates shall be equipped with a taximeter.
(2) If such a vehicle is equipped with a taximeter, the owner of that vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section "taximeter" means a device for calculating the fare to be charged in respect of any journey by reference to the distance travelled or time elapsed since the start of the journey (or a combination of both)."
"a device that works together with the signal generator to make a measuring instrument; with the device measuring duration, calculating distance on the basis of a signal delivered by the distance signal generators; and calculating and displaying the fare to be paid for a trip on the basis of the calculated distance or the measured duration of the trip, or of both."
"Device for calculating fares"
"Can Parliament have been intending to distinguish between live human embryos produced by fertilisation of a female egg and live human embryos produced without such fertilisation? The answer must certainly be negative, since Parliament was unaware that the latter alternative was physically possible. This suggests that the four words were not intended to form an integral part of the definition of embryo but were directed to the time at which it should be treated as such."
"While it is impermissible to ask what Parliament would have done if the facts had been before it, there is one important question which may permissibly be asked: it is whether Parliament, faced with the taxing task of enacting a legislative solution to the difficult religious, moral and scientific issues mentioned above, could rationally have intended to leave live human embryos created by CNR outside the scope of regulation had it known of them as a scientific possibility. There is only one possible answer to this question and it is negative."
"Leaving aside cases of omission by inadvertence, this being not such a case, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts have to consider whether they fall within the Parliamentary intention. They may be held to do so, if they fall within the same genus of facts as those to which the expressed policy has been formulated. They may also be held to do so if there can be detected a clear purpose in the legislation which can only be fulfilled if the extension is made."
Are the PHVs equipped with a device for calculating fares?
The grant of a declaration
A taximeter, for the purposes of Section 11 of the Private Hire Vehicles (London) Act 1998, does not include a device that receives GPS signals in the course of a journey, and forwards GPS data to a server located outside of the vehicle, which server calculates a fare that is partially or wholly determined by reference to distance travelled and time taken, and sends the fare information back to the device.