Transport for London (TfL) v Griffin & Ors

Transport for London (TfL) v Griffin & Ors

It is necessary and just and convenient to grant an interim injunction restraining the defendants 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, pending determination of the judicial review, as the conduct risks breaches of criminal law, disruption, and confusion, and the indemnity offered is void as contrary to public policy.

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
Application for Interim Injunction and Declaration / Interlocutory Hearing
Outcome
interim injunction granted; interim declaration granted; undertakings accepted; judicial review expedited
Legal Topics
Interim Injunctions, Public Authority Powers, Traffic Regulation, Freedom of Expression, Discrimination, Judicial Review, Civil Remedies in Support of Criminal Law
Administrative Law Criminal Law Public Law EU Law Human Rights Law Interim Injunctions Public Authority Powers Traffic Regulation +4 more

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Parties

Transport for London

Claimant

John Griffin

Defendant

Addison Lee PLC

Defendant

Eventech Limited

Defendant

Procedural Posture

Application for Interim Injunction and Declaration / Interlocutory Hearing

Legal Issues

  1. 1 Whether an interim injunction should restrain defendants from encouraging PHV drivers to use bus lanes marked for taxis
  2. 2 Whether the indemnity offered to drivers for fines is void and unenforceable
  3. 3 Whether the conduct constitutes a breach of criminal law

Ratio Decidendi

It is necessary and just and convenient to grant an interim injunction restraining the defendants 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, pending determination of the judicial review, as the conduct risks breaches of criminal law, disruption, and confusion, and the indemnity offered is void as contrary to public policy.

Court Disposition

interim injunction granted; interim declaration granted; undertakings accepted; judicial review expedited

Orders

  • Defendants restrained from causing, encouraging or assisting PHV drivers to use bus lanes marked for taxis during restricted hours, save to pick up or set down passengers, until determination of judicial review or further order.
  • Interim declaration that the indemnity given in the Addison Lee Driver Notice of 14 April 2012 is void and unenforceable as respects contraventions occurring after 14 April 2012, but payment after fines imposed is lawful.