Mr McCaffrey gave me the soundest and most forthright advice that I could have asked for.
He is a man of sharp wits who knows both his law and the legal system in and out. As a testament to his decent and fair character, he offered to (and did) refund me a large portion of fees paid in advance, prior to my appeal, when it became obvious that the appeal was not worth pursuing. Can highly recommend both Mr McCaffrey and Kings View Chambers, and I shall definitely be instructing them in the future, should the occasion arise.
CM approached us due to a refusal by Transport for London (TfL) to grant him a private hire licence. At the time of his initial contact, the old policy applied. As time passed, the new TfL 2022 policy applied, and it was unclear whether TfL and the Courts were going to judge ALL appeals on the new policy or judge the date of decision the deciding factor. The Courts made some inconsistent decisions, and so there could still have been potential to argue the old policy. As time went on and his court appeal date approached it became clear that the Court, although very sympathetic to appellants, were implementing the new policy for all cases regardless of the date of the decision by TfL. We advised CM openly and honestly on the matter, and he decided to withdraw his appeal and not proceed.
The new TfL policy demonstrates a real shift in the approach taken by TfL. Time frames have increased, but the wording has become much clearer. The 2022 policy faced a phasing in period, however it is clear that all cases will NOW be judged by it regardless of dates. There is inconsistency in how TfL applied it, and it remains to be seen whether current licences will face review on the tougher restrictions, leading to further refusals for falling foul of the new stricter guidelines. The only way to mitigate it is to get expert advice, as CM did. Ultimately he decided not to proceed with his appeal as the risk was to great and appreciated the open and honest advice on his options. He will now focus on the new time frame, and we hope to be able to help him in the future again.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
Taxi or private hire legal issue?
If you are facing a taxi or private hire legal issue or difficulty, speak to us today for a free no obligation case assessment.
