Transport for London (TfL) v Griffin & Ors [2012] EWHC 1105 (QB) (26 April 2012)

Transport for London (TfL) v Griffin & Ors [2012] EWHC 1105 (QB) (26 April 2012)

The court held that the law as it stands prohibits PHVs from using bus lanes marked for taxis, and that the defendants' conduct in encouraging or instructing drivers to contravene this law, and offering an indemnity against fines, was unlawful. The indemnity was void as contrary to public policy. The court found that an interim injunction restraining the defendants from encouraging, causing, or assisting PHV drivers to use such bus lanes (except for pick up/set down) was necessary, proportionate, and compatible with Article 10 ECHR, given the presumption of validity of the legislation and the public interest in preventing breaches of the law pending determination of the judicial review.

Citation
[2012] EWHC 1105
Parties
Claimant: Transport for London; Defendant: John Griffin; Defendant: Addison Lee PLC; Defendant: Eventech Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Interim Injunction Application / High Court (queen's Bench Division) – Application for Interim Relief Pending Judicial Review
Outcome
Interim injunction granted; interim declaration granted; undertakings accepted in lieu of part of the relief sought.
Legal Topics
Interim Injunctions, Public Law Remedies, Freedom of Expression (article 10 Echr), Traffic Regulation Orders, Discrimination and Equality, Enforcement of Criminal Law, Judicial Review
Administrative Law Criminal Law European Union Law Human Rights Law Interim Injunctions Public Law Remedies Freedom of Expression (article 10 Echr) Traffic Regulation Orders +3 more

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Parties

Transport for London

Claimant

John Griffin

Defendant

Addison Lee PLC

Defendant

Eventech Limited

Defendant

Procedural Posture

Interim Injunction Application / High Court (queen's Bench Division) – Application for Interim Relief Pending Judicial Review

Legal Issues

  1. 1 Whether the defendants' conduct in instructing or encouraging private hire vehicle drivers to use bus lanes marked for taxis is unlawful pending judicial review
  2. 2 Whether the indemnity offered to drivers against fines for bus lane contraventions is void and unenforceable
  3. 3 Whether an interim injunction restraining such conduct is justified and compatible with Article 10 ECHR

Ratio Decidendi

The court held that the law as it stands prohibits PHVs from using bus lanes marked for taxis, and that the defendants' conduct in encouraging or instructing drivers to contravene this law, and offering an indemnity against fines, was unlawful. The indemnity was void as contrary to public policy. The court found that an interim injunction restraining the defendants from encouraging, causing, or assisting PHV drivers to use such bus lanes (except for pick up/set down) was necessary, proportionate, and compatible with Article 10 ECHR, given the presumption of validity of the legislation and the public interest in preventing breaches of the law pending determination of the judicial review.

Court Disposition

Interim injunction granted; interim declaration granted; undertakings accepted in lieu of part of the relief sought.

Orders

  • The defendants are restrained until determination of the judicial review proceedings or further order from causing, encouraging or assisting any private hire vehicle driver to use bus lanes marked for use by taxis during restricted hours, save to pick up or set down passengers.
  • The defendants are restrained from communicating to any person that they will discharge or reimburse any fines or liabilities incurred for contravention of bus lane legislation after 25 April 2012, whether pursuant to the indemnity or otherwise.