McNutt v Transport for London

McNutt v Transport for London

A taxi driver makes a charge for the purposes of s.165(4)(b) Equality Act 2010 when he switches on the taximeter before a disabled passenger and their wheelchair have boarded, thereby imposing a financial liability or commitment, regardless of whether the journey is completed or payment is demanded.

Parties
Appellant: Thomas McNutt; Respondent: Transport for London
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Taxi Regulation, Discrimination Against Disabled Persons, Equality Act 2010 S.165, Taxi Fare Charging

Case Brief

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Parties

Thomas McNutt

Appellant

Transport for London

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

  1. 1 Whether switching on a taximeter before a disabled passenger boards constitutes making an additional charge under s.165(4)(b) Equality Act 2010
  2. 2 Whether a criminal offence is committed under s.165(7) if no journey is taken and no money is demanded

Ratio Decidendi

A taxi driver makes a charge for the purposes of s.165(4)(b) Equality Act 2010 when he switches on the taximeter before a disabled passenger and their wheelchair have boarded, thereby imposing a financial liability or commitment, regardless of whether the journey is completed or payment is demanded.

Court Disposition

Appeal dismissed

Orders

  • Appellant conditionally discharged for twelve months
  • Appellant ordered to pay costs of £1000