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Law digests: 12 August 2022

12 August 2022
Issue: 7991 / Categories: Case law , In Court , Law digest
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Contract

R (on the application of United Trade Action Group Ltd) v Transport for London and another [2022] EWCA Civ 1026, [2022] All ER (D) 113 (Jul)

The Court of Appeal, Civil Division, dismissed the appellant United Trade Action Group Ltd’s (UTAG’s) appeal against the decision of the Divisional Court on the plying for hire issue. The appellant, a trade association for drivers of taxis (black cabs) challenged the lawfulness of the decision of Transport for London (TfL) to grant to the second respondent, who was a licensed operator of private hire vehicles (PHVs) which could be booked by prospective passengers using a smartphone app, a London PHV operator’s licence. The appellant argued that in both Reading BC v Ali [2019] 1 WLR 2635 and the present case the Divisional Court erred in holding that London PHV drivers working from the app were not plying for hire. The court held, among other things, that plying for hire required a vehicle to be not just exhibited or on view but, while exhibited,

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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