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Declaration to Overturn Previous High Court Ruling Not an Abuse of Process

James Pereira QC

The High Court has rejected the argument that seeking a declaration to overturn a previous decision of the High Court itself is an abuse of process: see Transport for London v Bugbugs and others [2007] EWHC 2987 (QB). The declaration is being sought by Transport for London for a legal ruling that pedicabs in London can be licensed under the same primary legislation as black cabs. The High Court had previously rejected such an argument: see R (Oddy) v Bugbugs [2003] EWHC 2865. However, Transport for London was not a party to that litigation, and certain provisions of the relevant legislation were not considered in the Oddy judgment. The High Court in its recent ruling found that in the circumstances of the case it was in the public interest that TfL should be able to seek a declaration as to the proper interpretation of the relevant legal provisions, and therefore allowed the application for a declaration to proceed.

James Pereira successfully represented Transport for London, instructed by Jane Hart of TfL.