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	<title>Comments for TooManyTaxis</title>
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	<link>http://toomanytaxis.com</link>
	<description>Taxi  news aggregator</description>
	<lastBuildDate>Wed, 23 May 2012 18:40:19 +0000</lastBuildDate>
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		<title>Comment on Worker was employee owing to mutuality of obligation by newsman</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10574</link>
		<dc:creator>newsman</dc:creator>
		<pubDate>Wed, 23 May 2012 18:40:19 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10574</guid>
		<description>The Contracts(Rights of Third Parties)Act 1999
1.(1)Subject to the provisions of this Act,a person who is not a party to a contract(a&quot;third party&quot;)may in his own right enforce a term of the contract if-
(a)the contract expressly provides that he may,or
(b)subject to subsection(2),the term purports to confer a benefit on him.
(2)Subsection(1)(b)does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party.

This surely means that a private hire operator cannot deduct a commission off any contract fare but pay the full amount to the person who fulfilled the booking as he expects that benefit.
He already has paid most probably in advance the operators radio rental in full for him to provide bookings to fulfill not expecting to have to pay a commission on contract work which is similar to a tax on certain bookings.</description>
		<content:encoded><![CDATA[<p>The Contracts(Rights of Third Parties)Act 1999<br />
1.(1)Subject to the provisions of this Act,a person who is not a party to a contract(a&#8221;third party&#8221;)may in his own right enforce a term of the contract if-<br />
(a)the contract expressly provides that he may,or<br />
(b)subject to subsection(2),the term purports to confer a benefit on him.<br />
(2)Subsection(1)(b)does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party.</p>
<p>This surely means that a private hire operator cannot deduct a commission off any contract fare but pay the full amount to the person who fulfilled the booking as he expects that benefit.<br />
He already has paid most probably in advance the operators radio rental in full for him to provide bookings to fulfill not expecting to have to pay a commission on contract work which is similar to a tax on certain bookings.</p>
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		<title>Comment on Worker was employee owing to mutuality of obligation by newcatle hack</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10568</link>
		<dc:creator>newcatle hack</dc:creator>
		<pubDate>Wed, 23 May 2012 11:44:27 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10568</guid>
		<description>is it true out of town hack work back at newcastle office</description>
		<content:encoded><![CDATA[<p>is it true out of town hack work back at newcastle office</p>
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		<title>Comment on Worker was employee owing to mutuality of obligation by Ian</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10566</link>
		<dc:creator>Ian</dc:creator>
		<pubDate>Wed, 23 May 2012 09:53:31 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/taxi-news/2012/05/05/worker-was-employee-owing-to-mutuality-of-obligation/#comment-10566</guid>
		<description>see &quot;privity of contract Law&quot; and also see (the rights of third parties) Act 1999 !!
Note:- private hire drivers are third parties: therefore, there are only two contracts available to them, one is a contract for service &quot; this means the operator pays you for youre services&quot; under a sparate contract for the sevices you provided as a whole (ie vehicle and driver) at an ageed price&quot; or alternatively the operator can simply employ you under a contract of sevrice &quot;mening&quot; employment end off !! spread the word and be free,</description>
		<content:encoded><![CDATA[<p>see &#8220;privity of contract Law&#8221; and also see (the rights of third parties) Act 1999 !!<br />
Note:- private hire drivers are third parties: therefore, there are only two contracts available to them, one is a contract for service &#8221; this means the operator pays you for youre services&#8221; under a sparate contract for the sevices you provided as a whole (ie vehicle and driver) at an ageed price&#8221; or alternatively the operator can simply employ you under a contract of sevrice &#8220;mening&#8221; employment end off !! spread the word and be free,</p>
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		<title>Comment on Minicab boss could face criminal prosecution over bus lane row by Transport Manager</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/23/minicab-boss-could-face-criminal-prosecution-over-bus-lane-row-taxi-news/#comment-10563</link>
		<dc:creator>Transport Manager</dc:creator>
		<pubDate>Wed, 23 May 2012 05:26:35 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10580#comment-10563</guid>
		<description>Yet another case of back tracking by Addison Lee, because he has been caught with his pants down &amp; thought he was to Big &amp; Rich to be Challenged!</description>
		<content:encoded><![CDATA[<p>Yet another case of back tracking by Addison Lee, because he has been caught with his pants down &amp; thought he was to Big &amp; Rich to be Challenged!</p>
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		<title>Comment on Taxi drivers deny green lights on roof signs are racist by Robbie Kidd</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/16/taxi-drivers-deny-green-lights-on-roof-signs-are-racist/#comment-10544</link>
		<dc:creator>Robbie Kidd</dc:creator>
		<pubDate>Sun, 20 May 2012 19:01:29 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10474#comment-10544</guid>
		<description>Well it was Varadkar who said in september 2008 that foreign national should be given inducements to go home. They should be paid 6 months welfare payments and asked to leave Ireland! Is this not racist? I suppose when you are an arsehole like him it ok to use &quot;selective rascism!</description>
		<content:encoded><![CDATA[<p>Well it was Varadkar who said in september 2008 that foreign national should be given inducements to go home. They should be paid 6 months welfare payments and asked to leave Ireland! Is this not racist? I suppose when you are an arsehole like him it ok to use &#8220;selective rascism!</p>
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		<title>Comment on Taxi and Private Hire Services by Transport Manager</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10531</link>
		<dc:creator>Transport Manager</dc:creator>
		<pubDate>Sat, 19 May 2012 07:33:47 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10531</guid>
		<description>Andy,

I just enjoy winding David up, as he is unwilling to accept he had Delegated Powers, but refused to accept even when told by the Judge in October 2008, he could have refused to Licence!  He even admitted in a previous post on this site he was wrong with hindsight after the Judgement in 2008, but still does not accept he is wrong, because if he did that, he could not set up all these other Organisations or Groups! 

Funny how the people who requested he granted some of those Berwick upon Tweed Borough Council Hackney Carriage Taxi Licence Green Plates with a bar-code, that are still 18 May 2012 running around, not an expiry date on the Plate, when he was the Licensing Officer, but some of these people are now the paymasters to a2z Licensing (David`s Company) as he now is generating an income for him in defending what he issued wrongly?

One day hopefully the Boys in Blue will be asked to examine the Facts surrounding the Real Reason for Issue &amp; None Declaration of Interest!

F.O.I. is a wonderful tool for getting to the truth, because Documents have to be disclosed of Berwick Upon Tweed Borough Council Meetings.

I too am bored with the Tennis Match Andy!</description>
		<content:encoded><![CDATA[<p>Andy,</p>
<p>I just enjoy winding David up, as he is unwilling to accept he had Delegated Powers, but refused to accept even when told by the Judge in October 2008, he could have refused to Licence!  He even admitted in a previous post on this site he was wrong with hindsight after the Judgement in 2008, but still does not accept he is wrong, because if he did that, he could not set up all these other Organisations or Groups! </p>
<p>Funny how the people who requested he granted some of those Berwick upon Tweed Borough Council Hackney Carriage Taxi Licence Green Plates with a bar-code, that are still 18 May 2012 running around, not an expiry date on the Plate, when he was the Licensing Officer, but some of these people are now the paymasters to a2z Licensing (David`s Company) as he now is generating an income for him in defending what he issued wrongly?</p>
<p>One day hopefully the Boys in Blue will be asked to examine the Facts surrounding the Real Reason for Issue &amp; None Declaration of Interest!</p>
<p>F.O.I. is a wonderful tool for getting to the truth, because Documents have to be disclosed of Berwick Upon Tweed Borough Council Meetings.</p>
<p>I too am bored with the Tennis Match Andy!</p>
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		<title>Comment on Touting: The Private land &#8211; Public place argument. by newsman</title>
		<link>http://toomanytaxis.com/taxi-news/2011/11/04/touting-the-private-land-public-place-argument/#comment-10520</link>
		<dc:creator>newsman</dc:creator>
		<pubDate>Fri, 18 May 2012 08:13:15 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=7663#comment-10520</guid>
		<description>Joe,

The L/A must have permission from the private land owner to site a rank and that permission can be withdrawn at any time,normal consultation criteria does not apply in these cases.</description>
		<content:encoded><![CDATA[<p>Joe,</p>
<p>The L/A must have permission from the private land owner to site a rank and that permission can be withdrawn at any time,normal consultation criteria does not apply in these cases.</p>
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		<title>Comment on Taxi and Private Hire Services by Andy Warhol</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10516</link>
		<dc:creator>Andy Warhol</dc:creator>
		<pubDate>Fri, 18 May 2012 01:06:23 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10516</guid>
		<description>This is getting like a boring tennis match between you too. Transport manager will just reply with more long winded tripe quoting god knows what acts and bylaws. Think I&#039;ll just read the articles and leave from now on as this place has become somewhere for bloated egos or cheap advertising for some. Good luck admin.</description>
		<content:encoded><![CDATA[<p>This is getting like a boring tennis match between you too. Transport manager will just reply with more long winded tripe quoting god knows what acts and bylaws. Think I&#8217;ll just read the articles and leave from now on as this place has become somewhere for bloated egos or cheap advertising for some. Good luck admin.</p>
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		<title>Comment on Taxi and Private Hire Services by David Wilson</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10512</link>
		<dc:creator>David Wilson</dc:creator>
		<pubDate>Thu, 17 May 2012 23:42:07 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10512</guid>
		<description>Transport Manager,

If you didn&#039;t mean &quot;operator&quot; when you referred to &quot;office proprietor&quot;, who were you referring to?

The seventh point you made was about someone other than a hackney carriage driver importuning a hiring, so we must again come back to the meaning of importune!

Is your lack of comprehension of the English language letting you down again?  It really would be a good idea if you understood the meaning of ordinary words, before you try telling anyone what a complete section of an &quot;Act of Parliament&quot; means in law!

However, as entertaining as the above might be, this thread is really about the consultation by the Law Commission.  Have you read it yet? Because we can&#039;t debate it until you have done so!

David</description>
		<content:encoded><![CDATA[<p>Transport Manager,</p>
<p>If you didn&#8217;t mean &#8220;operator&#8221; when you referred to &#8220;office proprietor&#8221;, who were you referring to?</p>
<p>The seventh point you made was about someone other than a hackney carriage driver importuning a hiring, so we must again come back to the meaning of importune!</p>
<p>Is your lack of comprehension of the English language letting you down again?  It really would be a good idea if you understood the meaning of ordinary words, before you try telling anyone what a complete section of an &#8220;Act of Parliament&#8221; means in law!</p>
<p>However, as entertaining as the above might be, this thread is really about the consultation by the Law Commission.  Have you read it yet? Because we can&#8217;t debate it until you have done so!</p>
<p>David</p>
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		<title>Comment on Touting: The Private land &#8211; Public place argument. by Joe the Taxi</title>
		<link>http://toomanytaxis.com/taxi-news/2011/11/04/touting-the-private-land-public-place-argument/#comment-10511</link>
		<dc:creator>Joe the Taxi</dc:creator>
		<pubDate>Thu, 17 May 2012 23:33:07 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=7663#comment-10511</guid>
		<description>A Local authority has powers under the Local Government (Miscellaneous Provisions) Act 1976 to create Hackney Carriage Stands (ranks) on either private land or public highway. why wouldn&#039;t an LA do this for it&#039;s licenced hackney carriage trade?</description>
		<content:encoded><![CDATA[<p>A Local authority has powers under the Local Government (Miscellaneous Provisions) Act 1976 to create Hackney Carriage Stands (ranks) on either private land or public highway. why wouldn&#8217;t an LA do this for it&#8217;s licenced hackney carriage trade?</p>
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		<title>Comment on Taxi and Private Hire Services by Transport Manager</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10506</link>
		<dc:creator>Transport Manager</dc:creator>
		<pubDate>Thu, 17 May 2012 09:55:44 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10506</guid>
		<description>David,

As I clearly stated the Hackney Carriage Proprietor/Driver is governed by Byelaws &amp; these Byelaws forbid the Driver to Importune, or use the services of another Person, I did not suggest the Private Hire Operator Importuned, but the Hackney Carriage Driver was in breach of the Byelaw, therefore clearly it is you who does not understand factor, as Berwick upon Tweed Borough Council Byelaw 8 Stated this when you had your Delegated Powers from 30 October 2007. 

I did not say the Private Hire Operator Proprietor Importuned!

This is why it is so important that a Delegated Powers Licensing Department Officer should hold the Government Official Road Passenger Transport Management Qualification!

Too Many Problems have been caused by people like you David thinking you know better &amp; allowed something you did have the right to refuse, even when you were told you did have the right to refuse by the Judge in 2008, you still did not revoke the Green Plate Offenders before leaving in April 2009!

Thanks for reading your own Failings.</description>
		<content:encoded><![CDATA[<p>David,</p>
<p>As I clearly stated the Hackney Carriage Proprietor/Driver is governed by Byelaws &amp; these Byelaws forbid the Driver to Importune, or use the services of another Person, I did not suggest the Private Hire Operator Importuned, but the Hackney Carriage Driver was in breach of the Byelaw, therefore clearly it is you who does not understand factor, as Berwick upon Tweed Borough Council Byelaw 8 Stated this when you had your Delegated Powers from 30 October 2007. </p>
<p>I did not say the Private Hire Operator Proprietor Importuned!</p>
<p>This is why it is so important that a Delegated Powers Licensing Department Officer should hold the Government Official Road Passenger Transport Management Qualification!</p>
<p>Too Many Problems have been caused by people like you David thinking you know better &amp; allowed something you did have the right to refuse, even when you were told you did have the right to refuse by the Judge in 2008, you still did not revoke the Green Plate Offenders before leaving in April 2009!</p>
<p>Thanks for reading your own Failings.</p>
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		<title>Comment on Taxi and Private Hire Services by Andy Warhol</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10492</link>
		<dc:creator>Andy Warhol</dc:creator>
		<pubDate>Wed, 16 May 2012 02:19:34 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10492</guid>
		<description>David

I don&#039;t think any of the currently capped councils will deregulate on the proposals of the law commission unless they have already been planning to do so. We have to remember at the moment it is what it is a proposal with a view to rewriting the law and then presenting it. In which case it may or may not be passed. There would be no point on councils that are capped panicking and deregulation just yet. I&#039;m sure if and it&#039;s still if they are forced to deregulate them they will want to learn and put into practice the law commissions ideas on how to slow down
The amount of licences issued in order to not end up with a Dublin scenario.</description>
		<content:encoded><![CDATA[<p>David</p>
<p>I don&#8217;t think any of the currently capped councils will deregulate on the proposals of the law commission unless they have already been planning to do so. We have to remember at the moment it is what it is a proposal with a view to rewriting the law and then presenting it. In which case it may or may not be passed. There would be no point on councils that are capped panicking and deregulation just yet. I&#8217;m sure if and it&#8217;s still if they are forced to deregulate them they will want to learn and put into practice the law commissions ideas on how to slow down<br />
The amount of licences issued in order to not end up with a Dublin scenario.</p>
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		<title>Comment on Taxi and Private Hire Services by David Wilson</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10487</link>
		<dc:creator>David Wilson</dc:creator>
		<pubDate>Tue, 15 May 2012 22:04:28 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10487</guid>
		<description>Transport Manager,

So as well as not answering my questions, which was about what you thought would happen, rather than what ought to happen in your opinion, you seem not to know what the word &quot;importune&quot; means!

If you knew what it meant, you would realise that an operator does not importune anyone to use their services.

Customers go to operators, not vice versa.

David</description>
		<content:encoded><![CDATA[<p>Transport Manager,</p>
<p>So as well as not answering my questions, which was about what you thought would happen, rather than what ought to happen in your opinion, you seem not to know what the word &#8220;importune&#8221; means!</p>
<p>If you knew what it meant, you would realise that an operator does not importune anyone to use their services.</p>
<p>Customers go to operators, not vice versa.</p>
<p>David</p>
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		<title>Comment on Taxi and Private Hire Services by Transport Manager</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10485</link>
		<dc:creator>Transport Manager</dc:creator>
		<pubDate>Tue, 15 May 2012 21:57:28 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10485</guid>
		<description>David,

In response to do I think North Tyneside Council will retain the 204 Hackney Carriage Limit?

First thing to check is are the Company carrying out the survey up to it?

Second thing to check is are Council Officers Qualified in Passenger Transport?

Third thing to check is where are all the current 204 Hackney Carriages Parking, when they do not have a job, because there are about 150 Rank Spaces missing at the moment, therefore does the Council want to be encourage illegal Parking?

Fourth thing to check is how many jobs per hour on average are undertaken by the current fleet from Street Ranks &amp; being Hailing in the Street?

Fifth thing to check is how often is regular Maintenance undertaken on the 204 Hackney Carriage Taxi Vehicles under a Maintenance Contract?

Sixth thing to check has to be how many of these 204 Hackney Carriages have to work through a Private Hire Operation to make a Living?

Seventh thing to check having established the answer to question six, then enforce the Byelaws, these forebid using the services of another person (Office Proprietor is a Person) to Importune a Hiring.

I think, if these Rules were established there would be NO UNMET DEMAND in North Tyneside!</description>
		<content:encoded><![CDATA[<p>David,</p>
<p>In response to do I think North Tyneside Council will retain the 204 Hackney Carriage Limit?</p>
<p>First thing to check is are the Company carrying out the survey up to it?</p>
<p>Second thing to check is are Council Officers Qualified in Passenger Transport?</p>
<p>Third thing to check is where are all the current 204 Hackney Carriages Parking, when they do not have a job, because there are about 150 Rank Spaces missing at the moment, therefore does the Council want to be encourage illegal Parking?</p>
<p>Fourth thing to check is how many jobs per hour on average are undertaken by the current fleet from Street Ranks &amp; being Hailing in the Street?</p>
<p>Fifth thing to check is how often is regular Maintenance undertaken on the 204 Hackney Carriage Taxi Vehicles under a Maintenance Contract?</p>
<p>Sixth thing to check has to be how many of these 204 Hackney Carriages have to work through a Private Hire Operation to make a Living?</p>
<p>Seventh thing to check having established the answer to question six, then enforce the Byelaws, these forebid using the services of another person (Office Proprietor is a Person) to Importune a Hiring.</p>
<p>I think, if these Rules were established there would be NO UNMET DEMAND in North Tyneside!</p>
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		<title>Comment on Taxi and Private Hire Services by David Wilson</title>
		<link>http://toomanytaxis.com/taxi-news/2012/05/10/taxi-and-private-hire-services/#comment-10483</link>
		<dc:creator>David Wilson</dc:creator>
		<pubDate>Tue, 15 May 2012 20:51:10 +0000</pubDate>
		<guid isPermaLink="false">http://toomanytaxis.com/?p=10362#comment-10483</guid>
		<description>Newsman,

It is too much trouble to re-assert that which I have said before - search this site for the information!

The arrangements at the airport, which is still 51 per cent owned by local authorities, pre-date the local government re-organisation of 1974.  By example, North Tyneside Council only has a shareholding because Tynemouth Council did so.  Likewise the others have shares, because of the shareholding of a former council.

Because this all dates from pre-1974 when council were of smaller geographic areas, the remoteness of the airport was greater than it is now.  If remoteness is the issue, as it was in Newcastle v Berwick, the point I was making remains good.

If you don&#039;t like the facts that is your problem, not mine!

In any event, my results speak for themselves, because I was involved in Stockton v Fidler; Blue Line Taxis (Newcastle) Ltd v Newcastle City Council; and Blue Line Taxis (a firm) v North Tyneside Council.</description>
		<content:encoded><![CDATA[<p>Newsman,</p>
<p>It is too much trouble to re-assert that which I have said before &#8211; search this site for the information!</p>
<p>The arrangements at the airport, which is still 51 per cent owned by local authorities, pre-date the local government re-organisation of 1974.  By example, North Tyneside Council only has a shareholding because Tynemouth Council did so.  Likewise the others have shares, because of the shareholding of a former council.</p>
<p>Because this all dates from pre-1974 when council were of smaller geographic areas, the remoteness of the airport was greater than it is now.  If remoteness is the issue, as it was in Newcastle v Berwick, the point I was making remains good.</p>
<p>If you don&#8217;t like the facts that is your problem, not mine!</p>
<p>In any event, my results speak for themselves, because I was involved in Stockton v Fidler; Blue Line Taxis (Newcastle) Ltd v Newcastle City Council; and Blue Line Taxis (a firm) v North Tyneside Council.</p>
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