Oddy, R (on the application of) v Bugbugs Ltd. [2003] EWHC 2865 (Admin) (12 November 2003)

Oddy, R (on the application of) v Bugbugs Ltd. [2003] EWHC 2865 (Admin) (12 November 2003)

Pedicabs, as vehicles plying for hire and charging separate fares, fall within the statutory definition of 'stage carriage' under section 4 of the Metropolitan Public Carriage Act 1869 and are not hackney carriages; the reasoning in ex parte Lane does not apply due to different statutory language. The drivers' conduct did not amount to 'soliciting' under section 167 of the Criminal Justice and Public Order Act 1994, as there was no active invitation. The District Judge was entitled to award costs against the prosecutor due to the unnecessary prosecution of issues already determined in previous proceedings.

Citation
[2003] EWHC 2865 (Admin)
Parties
Claimant: Robert David Oddy; Defendant: Bugbugs Ltd
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Judicial Review / Appeal (administrative Court) / Appeal From Magistrates' Court Decision
Outcome
Appeal dismissed
Legal Topics
Definition of Hackney Carriage and Stage Carriage, Licensing of Pedicabs, Soliciting for Hire, Award of Costs in Criminal Proceedings
Criminal Law Administrative Law Transport Law Definition of Hackney Carriage and Stage Carriage Licensing of Pedicabs Soliciting for Hire Award of Costs in Criminal Proceedings

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Parties

Robert David Oddy

Claimant

Bugbugs Ltd

Defendant

Procedural Posture

Judicial Review / Appeal (administrative Court) / Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether pedicabs are 'stage carriages' or 'hackney carriages' under the Metropolitan Public Carriage Act 1869
  2. 2 Whether the principles in R v Cambridge City Council ex parte Lane apply to the 1869 Act
  3. 3 Whether the drivers were 'soliciting' within the meaning of section 167 Criminal Justice and Public Order Act 1994

Ratio Decidendi

Pedicabs, as vehicles plying for hire and charging separate fares, fall within the statutory definition of 'stage carriage' under section 4 of the Metropolitan Public Carriage Act 1869 and are not hackney carriages; the reasoning in ex parte Lane does not apply due to different statutory language. The drivers' conduct did not amount to 'soliciting' under section 167 of the Criminal Justice and Public Order Act 1994, as there was no active invitation. The District Judge was entitled to award costs against the prosecutor due to the unnecessary prosecution of issues already determined in previous proceedings.

Court Disposition

Appeal dismissed

Orders

  • District Judge's decision affirmed
  • Costs to be paid by the appellant to all respondents, subject to assessment