Jones & Anor v First Greater Western Ltd

Jones & Anor v First Greater Western Ltd

Taxi drivers have no right of access to Bristol Temple Meads station without the permission of FGW. The permit scheme is lawful, enforceable, and justified, whether introduced under FGW's rights as landowner or under railway byelaws. The station approach is not a public highway, and section 57 of the British Transport Commission Act 1949 prevents dedication. FGW is not a public authority for Human Rights Act purposes, and withdrawal of permission does not violate Article 1, Protocol 1.

Parties
Claimant: Patricia Jones; Claimant: Mourad Tighilt; Defendant: First Greater Western Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Taxi Licensing, Permit Schemes, Private Land Rights, Public Highway Dedication, Railway Byelaws, Human Rights Act, Judicial Review
Land Law Administrative Law Transport Law Human Rights Law Taxi Licensing Permit Schemes Private Land Rights Public Highway Dedication +3 more

Case Brief

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Parties

Patricia Jones

Claimant

Mourad Tighilt

Claimant

First Greater Western Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether taxi drivers have a right to access and ply for hire at Bristol Temple Meads station without the defendant's permission
  2. 2 Whether FGW lawfully entitled to introduce and enforce a permit scheme for taxi drivers
  3. 3 Whether station approach is a public highway by dedication

Ratio Decidendi

Taxi drivers have no right of access to Bristol Temple Meads station without the permission of FGW. The permit scheme is lawful, enforceable, and justified, whether introduced under FGW's rights as landowner or under railway byelaws. The station approach is not a public highway, and section 57 of the British Transport Commission Act 1949 prevents dedication. FGW is not a public authority for Human Rights Act purposes, and withdrawal of permission does not violate Article 1, Protocol 1.

Court Disposition

Claim dismissed

Orders

  • Claimants' claims dismissed
  • Funds paid into court in lieu of permit fees to be paid out to defendant after 35 days unless permission to appeal is sought