MAKING JUSTICE
Article by Dave Lawrie Director NPHTA 0161 280 2800
info@nphta.co.uk
DRIVERS ARE AT A DISADVANTAGE
For far too long we have seen that when it comes to legal challenges, we are at a distinct disadvantage when it comes to licensing decisions, but why?
There is case law (City of Bradford Metropolitan District Council v Booth [2000] EWHC Admin 444) which is heavily relied upon which states:
“There is a need to encourage public authorities to make and stand by honest reasonable and apparently sound administrative decisions made in the public interest without fear of exposure to undue financial prejudice if the decision is successfully challenged.”
“The default position is that public bodies will not be made to pay costs just because they lose on appeal: costs clearly do not follow the event in licensing appeals. The successful Appellant will also have to go on and demonstrate that the authority did not behave honestly, or reasonably, or did not make a sound administrative decision in the public interest before the Court is likely to accede to an application to award costs against the authority.”
HOW UNFAIR
But where the appellant loses the case, the councils always apply for costs in their favour. Although this is not a hard and fast rule, and costs have been known to be awarded against them, it is unusual.
But this is unfair right? Since it means that councils have nothing to lose, but everything to gain. But it also means that with the added risk of costs being awarded against them, the driver or appellant has everything to lose, but nothing to gain, not even their own costs if the appeal is successful.
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THE LONG SEARCH REACHES A CONCLUSION!
For many years the NPHTA has been searching for a solution to this problem. Sure many of us have legal protection built into our house insurance, or even our vehicle insurance, but not many of those policies include licensing matters, such as appeals or licensing committee hearing representations.
But now we are excited to be able to offer a brand new scheme, as an add on to your NPHTA membership through one of our insurance partners, BP Insurance Brokers:
https://bpib.co.uk/
We can now offer a policy to all members for “legal indemnity”.
The scheme is directly operated by BP Insurance, for a small cost of just £60 per year, payable directly to them. You will then have an insurance policy to cover legal fees for licensing committee hearings and/or court appeals.
It will cover costs awarded against the appellant too.
IS THIS INCLUDED IN THE NPHTA MEMBERSHIP?
No, it is in addition to your membership fee of £50 per year for individual drivers, since it is an entirely different policy. It is a separate scheme over and above your NPHTA membership and is payable directly to the insurance broker.
This is an individual per driver policy, group policies for operators or associations are not available.
HOW DO WE TAKE A POLICY OUT?
Contact Marc Podesta, Carl Stevenson or Poppy on 01253 781007 or email
taxi@bpib.co.uk
This is an offer not to be missed!
Watch the following on our legal fees insurance policy for more information:
https://shorturl.at/M2tnL
AUGUST 2024 PHTM
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