Jones & Anor v First Great Western Ltd [2012] EWHC B35 (Ch) (19 April 2012)

Jones & Anor v First Great Western Ltd [2012] EWHC B35 (Ch) (19 April 2012)

The obligation to pay £375 into court is confined to taxi drivers who will use and ply from Temple Meads Station, not all Claimant members; interpretation of schedule A supports this view.

Citation
[2012] EWHC B35 (Ch)
Parties
Claimant: National Taxi Association; Defendant: Railway Station Operator (Defendant)
Jurisdiction
England and Wales
Judgment Date
19 April 2012
Procedural Posture
Application for Clarification/amendment of Interim Order / Post Interim Order, Pre Trial Directions
Outcome
Application to clarify/amend undertaking granted; undertaking to be amended as per Claimant's request.
Legal Topics
Interpretation of Interim Orders, Variation of Undertakings, Permit Fees for Taxi Drivers, Public Rights Under by Laws
Contract Law Administrative Law Civil Procedure Interpretation of Interim Orders Variation of Undertakings Permit Fees for Taxi Drivers Public Rights Under by Laws

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Parties

National Taxi Association

Claimant

Railway Station Operator (Defendant)

Defendant

Procedural Posture

Application for Clarification/amendment of Interim Order / Post Interim Order, Pre Trial Directions

Legal Issues

  1. 1 Whether obligation to pay £375 into court applies to all Claimant members or only those plying for hire at Bristol Temple Meads
  2. 2 Interpretation and possible variation of schedule A undertakings
  3. 3 Whether by-laws confer rights to access taxi stands

Ratio Decidendi

The obligation to pay £375 into court is confined to taxi drivers who will use and ply from Temple Meads Station, not all Claimant members; interpretation of schedule A supports this view.

Court Disposition

Application to clarify/amend undertaking granted; undertaking to be amended as per Claimant's request.

Orders

  • Undertaking in schedule A paragraph 2 to be amended to clarify payment obligation applies only to taxi drivers intending to ply for hire at Bristol Temple Meads.
  • Costs in the case: whoever wins at trial will recover costs of this application.