By: Leanne Buckley-Thomson

Battle of the bus lanes: Addison Lee injuncted by High Court

3 May 2012 by Leanne Buckley-Thomson

Transport for London (TfL) v Griffin & Ors [2012] EWHC 1105 (QB) – Read Judgment

Transport for London (TfL) have succeeded in their High Court application for an injunction restraining Addison Lee Taxis from encouraging drivers to use London bus lanes. Mr Justice Eder ruled that the injunction would not breach Addison Lee Chairman John Griffin’s free expression rights.

This case is about traffic regulation orders (TROs) made by TfL dealing with the use of designated bus lanes. TfL’s policy is that private hire vehicles (PHVs – or mini-cabs in ordinary parlance) can only enter bus lanes to pick up or set down whereas taxis can use them as a through-route. The adopted definition of “taxi” means only Hackney Carriages qualify (reg. 4 of the Traffic Signs Regulations and General Directions).  Failure to comply with, or acting in contravention of, TROs is an offence under s8(1) of the Road Traffic Regulation Act 1984.

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Analysis: Occupy London loses final eviction court challenge

29 February 2012 by Leanne Buckley-Thomson

The Mayor Commonality and Citizens of London – v – Samede, Barda, Ashman, Randle-Jolliffe, Moore and Persons Unknown [2012] EWCA Civ 160 – Read judgment

Members of the Occupy London Movement who have been occupying an area close to St Paul’s Cathedral have had their applications for  permission to appeal the decision of the lower court to evict them refused by the Court of Appeal.  The judgment of Mr Justice Lindbolm was deemed ‘very full and careful’by the Master of the Rolls.  Shortly after midnight yesterday police began evicting occupants at the site.

In January we reported on the High Court battle between the City of London and the Occupy London Movement who had been occupying an area close to St Paul’s Cathedral. Mr Justice Lindbolm’s well-reasoned decision to grant possession, interlocutory and declaratory relief to the Mayor Commonality and Citizens of London meant that the Occupy Movement were to be evicted.

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Court bans autistic woman from having sex

14 February 2012 by Leanne Buckley-Thomson

A Local Authority v H [2012] EWHC 49 (COP) – Read judgment 

The Court of Protection has ruled that an autistic woman with an IQ of 64 does not have the mental capacity to engage in sexual relations, on the basis that she does not understand the implications and cannot effectively deploy the information she has understood into her decisions.

H is a 29 year old woman with mild learning difficulties and atypical autism. Although there is potential for improvement in her conditions, they are life-long.

She had a history of a very early and very deep degree of sexualisation. H engaged in sexual behaviour with others which she did not always consent to, one man having been convicted in 2003 of her attempted rape, and when she did consent the behaviour was still unconventional and exploitative. She had been on the child protection register and had extensive entries in her adult records with the local authority. In short, she is highly sexualised and vulnerable.

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