R (Oddy) v Bugbugs Ltd and Ors [2003] EWHC 2865 (Admin) – S 7 Metropolitan Public Carriage Act 1869 - s 167 CJPOA - s 19 POA – reg 3 CCCGR.
1) meaning of “stage carriage”.
- the deeming provision in s 4 1869 Act meant that where a carriage charged a separate fare per passenger it was a “stage carriage” even if it did not stop at stages along a fixed route.
2) meaning of “solicit”.
- “soliciting” in the context of persons hiring vehicles to carry them as passengers required some form of invitation to a prospective hirer.
3) meaning of “improper” in reg 3 CCCGR.
- an improper act or omission is one which would not have occurred if the party concerned had conducted his case properly and includes an improper decision to prosecute.
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