JD wrote:
cabby john wrote:
Okay! But when an authority i.e makes rules and regulations, and a tragedy happens, could you sue because of negligence, if not! why not.
After all, someone has got to take responsibility.
I think first you better distinguish who you intend to sue. One minute you refer to the licensing officer and next minute you refer to the council.
What would be the intention of suing? Suing to recover a financial loss through a councils negligent act would seem appropriate in some circumstances but what other remedy apart from financial loss do you expect to achieve from suing the council?
I suppose you could always bring a charge of breach of statutory duty but then again you are going to have to define what that breach is and if the council did indeed have a duty towards it and what that duty that is?
No examples were given in your post as to what you refer? You mention only the fact that taxi drivers in many areas seem to have a problem with the decisions or actions of licensing officers. I'm afraid not liking decisions does not necessarily mean they are a breach of statutory powers.
We've been down this road many times before and council negligence or breach of duty is not always easy to define.
The licensing officer is only an official of the council and any legal action is likely be brought against the chief executive of the council.
Regards
JD
It was very simple, as the Council is the employer then they are responsible for their employees.
The original answer was that one could not sue the L.O.
So the answer is! yes - through the Council.
I am thinking that many drivers in order to be a Hackney, have to pay 35K for a vehicle just to earn a living. The Council/L.O then turn a blind eye to private hire who have in many cases paid less than 3K for their cars blatantly working off the streets. I am not talking about the odd flimp, I am talking in your face almost ranking up.
I am thinking that there must be a case for damages in there somewhere.