Okoturo, R (on the application of) v London Tramlink
The claimant's failure to produce a valid ticket when requested justified the penalty fare under clear transport rules; the Appeals Panel's procedure was fair and proportionate, and there was no breach of Article 6 ECHR or procedural unfairness.
Source-derived case information.
- Parties
- Claimant: Okoturo; Defendant: London Tramlink
- Jurisdiction
- England and Wales
- Judgment Date
- 10 February 2012
- Procedural Posture
- Judicial Review / Permission Application
- Outcome
- Permission for judicial review refused; claim dismissed.
- Legal Topics
- Judicial Review, Penalty Fares, Right to Fair Hearing, Article 6 ECHR
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okoturo
Claimant
London Tramlink
Defendant
Procedural Posture
Judicial Review / Permission Application
Legal Issues
- 1 Whether the penalty fare was lawfully imposed despite evidence of payment for travel
- 2 Whether the claimant's Article 6 ECHR right to a fair hearing was breached by not allowing oral submissions or legal representation
- 3 Whether the Appeals Panel's composition and procedure were fair and impartial
Ratio Decidendi
The claimant's failure to produce a valid ticket when requested justified the penalty fare under clear transport rules; the Appeals Panel's procedure was fair and proportionate, and there was no breach of Article 6 ECHR or procedural unfairness.
Court Disposition
Permission for judicial review refused; claim dismissed.
Full Case Text
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