United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWCA Civ 1197 (30 July 2021)

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWCA Civ 1197 (30 July 2021)

The Plan, Guidance, and A10 Order were not irrational, did not fail to consider taxis' interests, complied with the public sector equality duty, and did not breach any legitimate expectation; the judge's findings of unlawfulness and irrationality were erroneous and cannot stand.

Citation
[2021] EWCA Civ 1197
Parties
Claimant/respondent: United Trade Action Group Ltd; Claimant/respondent: Licensed Taxi Drivers Association Ltd; Defendant/appellant: Transport for London; Defendant/appellant: Mayor of London
Jurisdiction
England and Wales
Judgment Date
30 July 2021
Procedural Posture
Judicial Review / Appeal From High Court
Outcome
Appeal allowed; High Court orders quashing Plan, Guidance, and A10 Order set aside
Legal Topics
Public Sector Equality Duty, Legitimate Expectation, Rationality Review, Bus Lane Policy, Covid 19 Emergency Measures
Administrative Law Equality Law Transport Law Public Sector Equality Duty Legitimate Expectation Rationality Review Bus Lane Policy Covid 19 Emergency Measures

Case Brief

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Parties

United Trade Action Group Ltd

Claimant/respondent

Licensed Taxi Drivers Association Ltd

Claimant/respondent

Transport for London

Defendant/appellant

Mayor of London

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court

Legal Issues

  1. 1 Whether the London Streetspace Plan and Guidance were unlawful for failing to consider licensed taxi drivers' interests
  2. 2 Whether the A10 Order unlawfully excluded taxis
  3. 3 Whether the public sector equality duty under Equality Act 2010 was breached

Ratio Decidendi

The Plan, Guidance, and A10 Order were not irrational, did not fail to consider taxis' interests, complied with the public sector equality duty, and did not breach any legitimate expectation; the judge's findings of unlawfulness and irrationality were erroneous and cannot stand.

Court Disposition

Appeal allowed; High Court orders quashing Plan, Guidance, and A10 Order set aside

Orders

  • Plan, Guidance, and A10 Order reinstated
  • No breach of equality duty or legitimate expectation found