Taxi Driver Online

Having explored acting as a conduit for a class action against LTI and their retail outlets for those TX4 owners who stand alone I’ve come to the conclusion that the time and effort involved makes it unfeasible. I will however place some relevant case law and commentary in this thread to assist anyone who has been affected by the defect.

I hope those owners who are affected but feel somewhat isolated consider joining an organisation that can assist them in gaining their lost earnings and consumer satisfaction in relation to their vehicle.

Perhaps somewhere down the line a class action can be joined but considering the fragmented nature of the Taxi trade I am not at all confident that will happen.

Consumer law as I have previously stated is weighted in favour of the consumer when situations such as these arise, therefore the admission by LTI that they are initially responsible for the defect more or less guarantees a result.

The first indication of where LTI stand in respect of lost earnings will surface when the LTDA submit their claim on behalf of London cabbies. Those persons who prefer to hand back their vehicle should take note that under these circumstances having the remedial work completed should not affect that option. Age is always a factor in the handing back process but I hope to shed some light on that with some relevant case law notes.

If any owner fails to get satisfaction and decide to go to litigation then make sure you have a good legal team because you will most certainly need one.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Every TX4 owner affected by the current LTI situation should familiarise themselves with the following legislation.

Please note that in most cases statutory instrument amendments and repeals are not noted and you will have to resolve this yourself at the UK law statute database.

This list is not yet complete and will be added to when I have more free time.

Copy and paste the listed acts into the Statute law database search engine.

http://www.statutelaw.gov.uk

Consumer Protection Act 1987 (c. 43

http://www.statutelaw.gov.uk/content.as ... Id=1541596

Sale and supply of goods act 1994

The Sale and Supply of Goods to Consumers Regulations 2002 SI 2002/3045

Sale of goods act 1979

Unfair Contract Terms Act 1977

Fair Trading Act 1973

Supply of Goods (Implied Terms) Act 1973

Sale of Goods Act 1893

European Parliament and Council Directive 99/44/EC on certain aspects of the sale of consumer goods and associated guarantees : Council Directive 93/13/EEC on unfair terms in consumer contracts.

Case law

**CLEGG v OLLE ANDERSSON (T/A NORDIC MARINE) (2003)**

***J & H RITCHIE LTD v LLOYD LTD (2007)***

FELDAROLL FOUNDRY PLC v HERMES LEASING (LONDON) LTD & ORS (2004)

Bernstein v Pamson Motors (Golders Green) Ltd (1986) (1987) "No longer applies".

Feldarol Foundry Plc v Hermes Leasing (London) Ltd (2004) EWCA Civ 747; (2004) 101(24) LSG 32 (CA (Civ Div))

R&B Customs Brokers Co Ltd v United Dominions Trust Ltd

Burnley Engineering Products Ltd v Cambridge Vacuum Engineering Ltd

Grovebury Management Ltd v McLaren

Leicester Circuits Ltd v Coates Brothers Plc (2003) EWCA Civ 290 (CA)

Hadley v Baxendale (1854) LR 9 Ex 341 (Ex Ct)

Miscellaneus

European Parliament and Council Directive 99/44/EC on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees, Art.1, Art.2, Art.3, Art.5, Art.7, Art.8, Art.11 : Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts ('Consumer Protection Directive'), Art.2 : Green Paper on Guarantees for Consumer Goods and After-sales Services COM(93) 509 final : Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products ('Product Liability Directive') : Art.28 EC Treaty (ex 30) : Art.226 EC Treaty (ex 169) Cases (1) Walter Rechberger (2) Renate Greindl (3) Hermann Hofmeister E A & Ors v Austria Case C-140/97 (1999) : Stevenson & Anor v Rogers (1998) : Commission v United Kingdom Case C-300/95 (1997) : Thain v Anniesland Trade Centre (1997) SLT 102 : R v HM Treasury, ex parte British Telecommunications plc (1996) ECR 1-1631 : The Queen v Secretary of State for Health, ex parte (1) Gallagher Ltd (2) Imperial Tobacco Ltd (3) Rothmans International Tobacco (UK) Ltd Case C-11/92 (1993) : Alsthom Atlantique SA v Compagnie De Construction Mecanique Sulzen SA Case C-339/89 (1991) : Andrea Francovich v Italy (C-6/90) & Danila Bonifaci v Italy (C-9/90) (1991) : Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd (1990) : R & B Customs Brokers Co Ltd v United Dominions Trust Ltd : Saunders Abbott (1988) : Bernstein v Pamsons Motors (Golders Green) Ltd (1986) : IBA v BICC Construction Ltd (1980) 14 BLR 9 : Reardon Smith Line Ltd v Yngvar Hansen-Tangen (1976) 1 WLR 989 : Ashington Piggeries Ltd v Christopher Hill Ltd (1972) AC 441 : Mash & Murrell v Joseph I Emmanuel Ltd (1962) 1 All ER 77 : J Marcel Furriers Ltd v Tapper (1953) 1 WLR 49 : Dodds & Dodds v Wilson & McWilliams (1946) 2 All ER 691 : Watson v Buckley, Osborne, Garrett & Co Ltd (1940) 1 All ER 174 : Robinson v Graves (1935) 1 KB 579 : Cammell Laird & Co v Manganese Bronze & Brass Co Ltd (1934) AC 402 : Head v Tattersall (1871) LR Ex 7

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.