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PostPosted: Thu Jan 10, 2008 2:53 am 
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We were recently sent the following judgment Thomas Sneddon v Renfrewshire council. We have two people to thank for supplying this information and I would like to extend my thanks to both of you.

http://taxi-driver.co.uk/files/sneddon.pdf

This judgment is most damaging to those councils in Scotland who only license WAVs and If it weren’t for the impending judgment of the Scottish Court of Appeal with regard to the Aberdeen case, then we could safely say, that as of now no council in Scotland can refuse to license saloon vehicles.

We shall have to wait and see what the appeal court comes up with before you guys in Scotland can either celebrate or mourn this particular judgment?

I would just like to say that the Sherriff and I saw eye to eye on this matter and he echoed every word I said in the other thread regarding this subject. Having said that the court of appeal might take a completely different view to ours but we shall see.

The document came to TDO in scanned image format consisting of 6 meg and had to be converted by way of Optical character recognition. It took me 20 hours to get it down to 850k which is a lot more manageable than original 6 meg image format. The file can now be highlighted copied and pasted, which means it is manageable and transportable. Please make sure your local Scotish Council gets a copy.

I hope you guys out there appreciate those who not only supplied the judgment to TDO but also those who made the document manageable.

Regards

JD

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PostPosted: Thu Jan 10, 2008 7:16 am 
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That must have taken for ever to adapt, but thankfully brings a lot more clarity to the judgement.

As for the judgement there is no-doubt it is a very thorough one, which leads me to believe the judge/sheriff expects it to be appealed.

We await the outcome, and hopefully JD wont need to spend half his life adapting it for TDO. :roll: :roll:

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PostPosted: Fri Jan 11, 2008 2:38 pm 
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James Wilson v Aberdeen City Council from September 2006 case, the first time it went to court.

Any comparisons here?????????????

http://www.aberdeencity.gov.uk/ACCI/nms ... 3&sID=3244


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PostPosted: Fri Jan 11, 2008 6:45 pm 
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skippy41 wrote:
James Wilson v Aberdeen City Council from September 2006 case, the first time it went to court.

Any comparisons here?????????????

http://www.aberdeencity.gov.uk/ACCI/nms ... 3&sID=3244


There is a comparison even though sections 10.4 and 22 were not argued, as per the Renfewshire case. It was put to the Sheriff to rule on whether or not the policy was legal under the 1982 act, the sheriff was of the opinion that it was legal but she never said why it was legal, only that she wasn't convinced it wasn't illegal? Which sugests to me that she was totally confused by the legislation, just as Mackie was totally confused.

I cannot see the appeal court not commenting on sections 10.4 and 22 so it should make interesting reading. I can't for the life of me understand why you guys in scotland have only just realised through this Renfrewshire case that a council weren't empowered to tell you what vehicle you must license.

You all owe Mr Sneddon a debt of gratitude because he has certainly done what your unions should have done years ago.

I think you guys in Scotland should give this 1982 a thorough going over and not take for granted what a licensing officer tells you.

Regards

JD

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 Post subject: Sneddon update
PostPosted: Mon Jun 16, 2008 2:10 pm 
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The case will be heard in the Court of Session on the 11th & 12th February 2009

http://www.renfrewshire.gov.uk/WebRepli ... neddon.pdf

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PostPosted: Mon Jun 16, 2008 6:50 pm 
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I'm sorry but I can't believe that's really the earliest date for a two day hearing. :shock:

Really not right. :sad:

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PostPosted: Mon Jun 16, 2008 7:18 pm 
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Sussex wrote:
I'm sorry but I can't believe that's really the earliest date for a two day hearing. :shock:

Really not right. :sad:
About average, I think.

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PostPosted: Mon Jun 16, 2008 8:50 pm 
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Sussex wrote:
I'm sorry but I can't believe that's really the earliest date for a two day hearing. :shock:

Really not right. :sad:


It means the 35 operators using saloon cars get to stay on the road despite a WAV only policy introduced 7 years ago, some operators have £30,000 taxis on the road, others have 8 year old Skodas

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PostPosted: Wed Jun 18, 2008 1:37 pm 
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The European legislation is due out this year, so the could be driving new Skodas :D


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PostPosted: Fri Feb 13, 2009 7:45 pm 
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The case was heard as planned on the 11th &12th, the outcome will be interesting as it will effect every local authority in Scotland operating a disabled access only vehicle policy

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PostPosted: Fri Feb 13, 2009 7:46 pm 
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Renfrewshire Driver wrote:
The case was heard as planned on the 11th &12th, the outcome will be interesting as it will effect every local authority in Scotland operating a disabled access only vehicle policy

Was you there as the latest info is that it was delayed till next month? :?

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PostPosted: Fri Feb 13, 2009 7:48 pm 
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skippy41 wrote:
The European legislation is due out this year, so the could be driving new Skodas :D


Cant resist it......which european legislation is that one then skip? :wink:

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PostPosted: Fri Feb 13, 2009 7:49 pm 
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Can I light my big boomer rocket now, :-| it says on the side for distress only :shock:


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PostPosted: Fri Feb 13, 2009 7:49 pm 
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Sussex wrote:
Renfrewshire Driver wrote:
The case was heard as planned on the 11th &12th, the outcome will be interesting as it will effect every local authority in Scotland operating a disabled access only vehicle policy

Was you there as the latest info is that it was delayed till next month? :?


I apologise, I did query whether or not the case was going ahead with the Court of Session direct as I could not find it on the daily roll, and was told "the appeal of Sneddon -v- Renfrewshire Council is running in Court 2 on Wed and Thurs 11th and 12th"

Wrong info maybe ?

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PostPosted: Thu Feb 19, 2009 6:54 pm 
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I've heard the case has been rescheduled but I can't seem to find out on the courts website when its being heard anyone any idea.


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