Court of Appeal; Sir Keith Lindblom, Males and Elisabeth Laing LJJ,  EWCA Civ 457, 5 April 2022
The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent. Continue reading
Queen’s Bench Division (Planning Court): Kerr J,  EWHC 3294 (Admin), 7 December 2021
This was an unsuccessful challenge under Articles 8 and 14 and s149 EqA (the PSED) to experimental traffic orders (ETOs) made by the respondent which took effect from 9 November 2020. The applicants complained that they are severely prejudiced by increased car journey times to and from their school. The challenge was brought under paragraph 35, Part VI, Schedule 9 to the Road Traffic Regulation Act 1984 rather than by way of judicial review, and so did not require permission, but Kerr J pointed out at §4 that the same principles applied. He expressed sympathy for the applicants who he accepted had been disadvantaged by the ETOs but upheld them as proportionate measures in pursuit of legitimate aims of reducing congestion, improving air quality, road safety and accessibility, encouraging active travel to school and social distancing (applying R (SC) v Secretary of State for Work and Pensions  UKSC 26,  3 WLR 428 [and see earlier blog]. He rejected the PSED claim on the basis that, taken in the round, the respondent had taken sufficient steps to comply with the duty of due regard.
Court of Appeal: Sir Geoffrey Vos C, Singh and Simler LJJ,  EWCA Civ 1046, 5 August 2020
The claimant unsuccessfully appealed against the rejection by Lewis J of its challenge to the decision to remove the exemption in the congestion charging regime which had previously applied to private hire vehicles (PHVs). The exemption remained applicable to black cabs and to the 1% of PHVs which were wheelchair accessible. The claimant argued that the removal of the exemption amounted to indirect discrimination against BAME and women PHV drivers, 94% of PHV drivers being from BAME backgrounds whereas 88% of black cab drivers were white. Continue reading