Oddy, R (on the application of) v Bugbugs Ltd.

Oddy, R (on the application of) v Bugbugs Ltd.

Pedicabs, as operated, fall within the statutory definition of stage carriage under section 4 of the Metropolitan Public Carriage Act 1869 because they ply for hire and charge separate fares; ex parte Lane does not apply due to different statutory language; the drivers did not solicit within the meaning of section 167 of the Criminal Justice and Public Order Act 1994 as there was no active invitation; costs were properly awarded against the prosecutor due to unnecessary prosecution.

Parties
Applicant: Robert David Oddy; Respondent: Bugbugs Ltd; Respondent: Navindh Baburam; Respondent: Slawomir Mlynarski
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal From Magistrates' Court
Outcome
appeal dismissed
Legal Topics
Definition of Hackney Carriage, Definition of Stage Carriage, Soliciting Under Criminal Justice and Public Order Act 1994, Costs in Criminal Proceedings
Criminal Law Public Transport Regulation Definition of Hackney Carriage Definition of Stage Carriage Soliciting Under Criminal Justice and Public Order Act 1994 Costs in Criminal Proceedings

Case Brief

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Parties

Robert David Oddy

Applicant

Bugbugs Ltd

Respondent

Navindh Baburam

Respondent

Slawomir Mlynarski

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether pedicabs are 'stage carriages' or 'hackney carriages' under the Metropolitan Public Carriage Act 1869
  2. 2 Whether the principles in R v Cambridge City Council ex parte Lane apply
  3. 3 Whether the drivers were 'soliciting' under section 167 Criminal Justice and Public Order Act 1994

Ratio Decidendi

Pedicabs, as operated, fall within the statutory definition of stage carriage under section 4 of the Metropolitan Public Carriage Act 1869 because they ply for hire and charge separate fares; ex parte Lane does not apply due to different statutory language; the drivers did not solicit within the meaning of section 167 of the Criminal Justice and Public Order Act 1994 as there was no active invitation; costs were properly awarded against the prosecutor due to unnecessary prosecution.

Court Disposition

appeal dismissed

Orders

  • District Judge's findings affirmed on all four questions
  • Costs to be paid by the appellant to the respondents, subject to written submissions and assessment